333.1 

D659       DOCUMENTS  RELATING  TO  THE  SALE  OF 

THE  MINERAL  LANDS  IN  THE  STATE  OF  ILLINOIS 
AND  TERRITORIES  OF  IOWA  AND  WISCONSIN 


8UHVJET 


•27th  CONGRESS,  [SENATE.] 

2d  Session. 


Delating  to  the  sale  of  the  mineral  lands  in  the  State  of  Illinois  and  Ter- 
ritories of  Iowa  and  Wisconsin. 


JUNE  22,  1842. 

Referred  to  the  Committee  on  Public  Lands,  and  ordered  to  be  printed. 


Doctor  H.  King,  late  superintendent  of  the  Upper  Mississippi  lead  mincst 

to  Hon.  R.  M.  Young. 

*  WASHINGTON,  February  4,  1841. 

SIR  :  Although  the  enclosed  report  has  been  before  you  officially,  the  press 
of  other  matters  makes  me  fear  that  it  has  not  attracted  your  special  attention. 
Some  of  its  propositions  and  facts  are  so  important  to  Illinois,  that  I  trust  I 
shall  not  be  considered  obtrusive  in  calling  your  notice  to  them.  I  therefore 
respectfully  ask  your  careful  perusal  of  that  portion  of  the  report  that  relates 
to  the  improvement  of  the  future  operations  in  mining  on  the  mineral  lands 
of  the  United  States,  say  from  page  seven  to  the  end. 

The  facts  detailed,  drawn  from  the  best  authorities,  are  of  high  and  imme- 
diate import  to  the  miners  and  smelters  of  Illinois.  It  is  beyond  a  doubt 
that  these  can  not  produce  lead  under  the  present  system,  at  rates  that  will 
permit  its  exportation  to  any  considerable  amount.  That-  of  Spain  and 
England  shuts  us  out,  and  will  continue  to  shut  us  out  of  foreign  markets, 
until  we  can  produce  ours  at  a  much  reduced  rate.  Without  an  outlet  for 
our  surplus,  the  amount  that  will  be  produced,  if  the  preparations  for  mining 
and  smelting  that  were  making  last  autumn  for  the  ensuing  year  in  Illinois, 
Wisconsin,  Iowa,  and  Missouri,  be  perfected  and  put  in  operation,  will  be 
so  great  as  to  precipitate  the  price  of  the  article  in  the  United  States  within  the 
next  two  years  to  a  condition  highly  hazardous  to  all  those  interested.  There 
is  no  spirit  of  prophecy  necessary  to  see  this.  It  must  be  the  result  of  things 
now  existing  or  about  to  come  into  operation,  if  no  unforeseen  event,  such  as 
war,  should  intervene  to  prevent  it.  The  production  of  lead  for  the  last  two 
or  three  years  has  been  just  about  equal  to  our  domestic  consumption.  Dur- 
ing that  time  the  increased  value  of  agricultural  productions,  and  the  demand 
foj  labor  in  other  pursuits,  controlled  mining,  and  kept  it  in  healthy  limits. 
In  the  prostration  of  almost  all  our  western  produce,  lead  has  generally  suf- 
fered least,  and  now  offers  one  of  the  most  advantageous  pursuits,  apparently,  to 
which  the  attention  can  be  turned.  There  is  but  little  prospect  that  this 
apparent  condition  of  things  will  change  during  the  ensuing  summer,  and 
the  result  must  be,  that,  beside  the  operations  already  proposed,  new  adven- 
turers will  engage  in  this  pursuit.  Circumstances  have  caused  me  to  pay 
much  attention  to  this  subject  for  several  years,  and  I  feel  that  I  should  not 
be  doing  justice  to  a  very  meritorious  portion  of  our  population,  if  I  did  not 
take  some  steps  to  warn  them  of  their  danger.  Your  position,  and  the  de~ 

.Thomas  Allen,  print. 


[  331  ]  2 

served  confidence  which  (he  people  of  Illinois  have  in  yon,  will  enable  you; 
to  do  it  in  a  manner  more  likely  to  be  successful  than  perhaps  any  other 
person.  I  feel  assured  I  shall  therefore  be  excused  in  asking  your  attention 
to  it. 

Although  we  may  be  successful  to  some  extent  in  arresting  this  crisis  in 
the  present  state  of  the  mining  operations,  the  same  must  occur  again  and 
again,  until  we  can  produce  our  lead  at  a  price  that  will  admit  of  exporta- 
tion; the  only  safety-valve  for  the  escape  of  our  surplus.  The  sooner  we. 
can  reach  that,  condition  the  better.  I  feel  assured  that,  with  proper  improve- 
ment, in  mining  and  smelting,  together  with  the  introduction  of  more  system 
in  all  the  operations  connected  therewith,  this  condition  can  be  reached „. 
The  only  question  then  is,  shall  this  be  left  to  the  slow  and  hard-bought  expe- 
rience of  those  engaged,  or  shall  means  be  at  once  devised  to  teach  them,  and 
thus  save  all  the  evil  concomitants  of  the  other  mode  ?  My  own  opinion  is 
briefly,  but  I  trust,  plainly  stated  in  the  part  of  the  report  to  which  I  have 
taken  the  liberty  of  calling  your  attention.  It  would  be  preposterous  in  me 
to  dilate  on  this  subject.  The  reflection  of  every  intelligent  mind  must,  it 
appears  to  me,  arrive  at  the  same  conclusion.  The  only  question  that  can 
arise  is,  as  to  whom  we  should  look,  for  taking  action  on  it,  the  States 
and  Territories  in  which  the  mineral  lands  lie,  or  the  United  States  who  are 
the  proprietors  thereof?  .  As  the  benefits  resulting  from  the  increased  value 
of  these  lands,  and  the  lessened  price  of  the  article  to  the  whole  people,  in- 
ure to  the  United  States  as  a  whole,  I  can  not  see  any  other  just  conclu- 
sion than  that  they  should  be  at  the  cost  of  the  operation. 

This  is  a  question  that  may  and  should  be  separated  from  that  relating  U> 
the  sale  of  these  lands.  The  latter,  without  any  serious  inconvenience,  may 
be  delayed,  but  this  calls  for,  and  should  receive,  immediate  attention.  The 
threatening  aspect  of  affairs  in  Europe  warns  us  to  be  prepared  for  that 
emergency  that  may  require  us  to  look  to  ourselves  for  our  supplies  in  such 
metals  as  are  necessary  for  our  manufacturers  or  our  defences.  But  if  a 
state  of  peace  continues  we  shall  continue  to  pay  several  hundred  thousand 
dollars  uselessly  for  the  single  article  of  lead,  until  we  reach  the  condition  at 
which  it  can  be  produced  at  its  minimum  price. 

The  expenditure  of  less  than  one  tenth  of  what  is  thus  lost  in  one  year, 
would  expedite  the  time  at  which  this  condition  would  arrive,  perhaps,  ten 
years.  The  mining  and  smelting  population  of  our  western  States  is  pre- 
pared to  receive'  instruction  on  this  subject,  and  to  be  benefited  by  it,  a  state 
that  they  have  scarcely  reached,  until  recently.  Everything,  therefore,  com- 
bines to  make  this  an  auspicious  moment  for  a  movement  in  the  subject^ 
and  I  earnestly  hope  that  your  opinions,  sir,  may  so  far  coincide  with  mine, 
as  to  authorize  you  to  seize  some  appropriate  opportunity  for  introducing 
the  subject  and  securing  action  upon  it  at  this  session  of  Congress. 

I  have  the  honor,  sir,  of  subscribing  myself,  your  obedient  servant, 

H.  KING. 

JJon.  R.  M.  YOUNG. 


3  [  331  ] 

IMPORTANT  LETTER. 

Charles  S".  Hempstead,  Esq.,  has  politely  favored  us  with  the  following 
letter  for  publication  : 

SENATE  CHAMBER, 
Washington  city,  March  30,  1842. 

GENTLEMEN  :  Yours  of  February  8th,  with  the  copy  of  a  letter  addressed 
to  the  Secretary  of  War  on  the  subject  of  the  existing  difficulties  between  the 
citizens  of  the  lead  mines  and  the  War  Department,  were  received  in  due 
course  of  the  mail,  and  would  have  been  answered  sooner,  but  for  the  cir- 
cumstance of  Mr.  Flanagan's  arrival  in  this  city,  a  few  days  after  the  receipt 
of  your  letter. 

Agreeably  to  your  request,  I  called  to  see  the  Secretary  of  War  several 
times  personally,  and  urged  upon  him  the  propriety  of  authorizing  compro- 
mise on  the  most  liberal  terms,  as  I  was  satisfied  that  none  other  would  be . 
acceptable.  He  finally  concluded  to  authorize  Mr.  Flanagan  to  take  one 
half  of  the  amount  due  from  such  as  were  able  to  pay,  and  not  less  than 
one  third  from  those  in  more  indigent  circumstances.  Mr.  Flanagan  is  of 
opinion  that  these  terms  will  be  acceptable.  I  hope  they  will  be.  But,  if 
not,  and  your  further  wishes  are  communicated,  they  shall  be  attended  to. 

I  am  very  anxious  to  know  whether  it  is  the  wish  of  the  people  residing 
in  the  lead  mines,  that  the  reserved  mineral  lands  should  be  sold  or  not.  The 
Secretary  of  War  is  of  the  opinion,  that  the  President  has  the  power,  under 
existing  laws,  to  order  all  or  any  of  these  lands  to  be  sold,  without  further 
legislation.  If  so,  they  will  be  subject  to  the  right  of  pre-emption,  as  other 
,  lands.  I  have  called  upon  the  Secretary  of  War  by  resolution,  for  his  opin- 
ion on  this  subject,  and  expect  his  answer  in  a  day  or  two.  If  a  majority  of 
the  people  should  desire  a  sale  of  these,  lands,  I  would  be  much  gratified,  if 
these  wishes  could,  in  some  way,  be  expressed,  and  that  they  would  present 
the  form-  of  a  bill  or  proposition,  which,  in  their  judgment,  would  best  recon- 
cile conflicting  interests  and  settlements.  It  appears  to  me  that  if  these  lands 
should  be  sold,  with  the  right  of  pre-emption,  that  the  people  should  signify 
whether  the  preference  in  the  purchase  should  extend  to  a  quarter  section, 
half-quarter  section,  or  quarter-quarter  section,  and  prescribe  some  mode  for 
cases  where  more  than  one  person  may  be  bona  fide  settled  upon  the  same 
legal  subdivision  of  land.  No  person  here  can  understand  these  difficulties 
so  well,  and  how  a  remedy  may  be  applied,  as  the  miners  themselves,  and 
those  living  in  the  lead  mine  country. 

In  regard  to  the  duty  on  lead,  and  all  articles  manufactured  from  lead,  we 
will  endeavor  to  secure  as  high  a  rate,  in  the  adjustment  of  the  new  tariff,  aa 
may  be  allowed  on  the  most  favored  articles  produced  in  other  parts  of  the 
United  States. 

I  am,  very  respectfully,  your  obedient  servant, 

RICHARD  M.  YOUNG. 

Messrs.  GEORGE  W.  CAMPBELL,  T.  B.  FARNSWORTH,  JOHN  ATCHISON, 
FREDERICK  STAHL,  HENRY  J.  MORRISON,  DANIEL  WANN,  CHARLES  S, 
HEMPSTEAD,  and  WILLIAM  HEMPSTEAD, 

Galena,  Illinois. 


[  331  ]  4 


UNITED  STATES  LEAD  MINES. 

The  following  communication  and  correspondence  will  be  found  inter- 
esting to  the  people  of  this  section.  It  will  be  seen,  that  the  superintendent 
of  the  lead  mines  has  positive  orders  to  lease  the  mines,  and  has  likewise  dis- 
cretionary power  to  compromise  and  adjust  the  old  claims  of  the  United 
States  against  the  smelters,  who  refused  to  pay  rent.  It  will  also  be  seen, 
that  orders  have  been  given,  that  more  patents  be  issued  for  mineral  lands  till 
Congress  takes  some  action  on  the  subject. 

Mr.  Flanagan,  the  superintendent,  has  just  returned  from  Washington, 
where  he  has  been  on  business  connected  with  his  office.  That  he  has  given 
correct  information,  and  done  the  best  he  could  for  all  parties  concerned,  we 
have  not  the  least  doubt.  The  supposition  is  here  prevalent,  that  the  real 
position  of  matters  with  regard  to  the  mineral  lands  was  not  well  understood 
at  Washington.  It  is  believed,  that  Mr.  F.  has  been  the  means  of  correcting 
many  erroneous  impressions. 

The  mines  hereafter  are  to  be  leased.  We  feel  quite  confident,  that  a 
strict  compliance  with  the  regulations  of  the  Government,  will  be  the  best 
course  for  the  miners  to  pursue.  No  present  pecuniary  good  will  counter-  • 
balance  the  loss,  that,  in  the  end,  weuld  result  from  a  contrary  action.  It  is 
believed,  that  the  Government  wish  to  be  both  just  and  liberal ;  and  where 
this  spirit  is  shown  in  sincerity,  it  is  almost  always  reciprocated.  We  are  sure 
the  case  referred  to  will  not  prove  an  exception  to  the  general  rule.  There 
may  be  those  at  Washington,  who,  through  wrong  information,  have  preju- 
dices against  us.  This  feeling  should  not  be  increased  by  any  unreasonable 
opposition.  As  to  the  good  or  bad  policy  of  keeping  these  lands  out  of  the 
market,  there  is  such  a  variety  of  opinion  as  renders  almost  hopeless  any 
action  of  Congress. 


OFFICE  U.  S.  LEAD  MINES, 
Galena,  Illinois,  April  20,  1842. 

Slit:  I  deem  it  my  duty  to  furnish  all  the  information  in  my  possession, 
in  relation  to  the  future  disposition  and  management  of  the  mineral  lands  ; 
and  for  that  purpose,  I  have  made  the  following  extracts  from  my  instruc- 
tions, received  from  the  honorable  Secretary  of  War. 

Enclosed,  you  will  also  find,  a  letter  from  the  Ordnance  Department  to 
me,  enclosing  a  letter  from  the  Commissioner  of  the  General  Land  Office  ; 
from  which  it  will  be  seen,  that  no  patents  will  be  granted,  until  some  future 
action  of  Congress. 

I  am,  very  respectfully,  your  obedient  servant, 

JOHN  FLANAGAN, 
Superintendent  U.  S.  Lead  Mines. 

H.  H.  HOUGHTON. 


Copy  of  instructions  to  Mr.  Flanagan. 

ORDNANCE  OFFICE, 
Washington,  March  20,  1842. 

SIR  :  In  pursuance  of  instructions  this  day  received  from  the  Hon.  Sec- 
retary of  War,  you  are  hereby  clothed  with  full  authority,  (o  compromise 


•with  all  the  smelters,  and  their  securities,  for  the  balance  of  rent  lead  which 
remain  due  from  each  of  those  smelters,  at  the  close  of  operations  ;  and  your 
receipt  shall  be  taken  as  a  full  acquittance,  in  behalf  of  the  United  States. 

*You  will  take  measures  immediately  on  your  return  to  the  mineral  region 
to  report ;  and  you  will  report,  as  soon  thereafter  as  possible,  to  this  office, 
lists  of  all  lands  containing  mineral.  These  lists  will,  if  practicable,  name 
the  section  or  parts  of  sections,  with  the  township  and  range,  or,  in  default 
of  these,  such  other  description  as  will  identify  the  lot,  and  will  give  the 
names  of  all  persons  now  mining  thereon. 

If  any  of  these  lands  have  been  entered  at  any  land  office,  you  will  give 
the  names  of  the  parties,  by  whom  entered,  the  date  when,  and  at  what  land 
office.  If  known  to  contain  mineral,  at  the  time  of  the  entry,  say  whether 
it  was  so  reported  in  the  surveys — or  in  what  other  way  it  was  reported  to  the 
land  office. 

If  mineral  was,  at  the  time  of  entry,  being  dug  thereon,  give  the  names  of 
those  by  whom  it  was  so  dug,  and  by  authority  of  what  lease ;  and  if  a  pa- 
tent has  issued,  give  the  name  of  the  person  to  whom  the  patent  was  issued, 
and  its  date. 

Patents  for  land,  as  well  as  entry,  are  void,  where  it  can  be  made  to  ap- 
pear, that  such  land  was  known  at  the  time  of  entry,  to  contain  mineral. 

You  will  adopt  all  legal  measures  to  prevent  persons  working  the  mines, 
or  getting  out  mineral,  without  leases  or  licenses. 

To  such  persons  as  have  mined  under  permits  from  any  of  the  United 
States  superintendents  of  the  lead  mines,  and  have  paid  over  in  pure  lead 
the  rent  agreed  upon,  and  also  to  all  other  persons  who  will  obligate  them- 
selves to  pay,  you  are  hereby  authorized  to  grant  leases  for  one  year,  accord- 
ing to  the  form  herewith  given  you. 

G.  TALCOTT, 
Lt.  Col.  Ordnance. 

J.  FLANAGAN,  Esq., 

Supt.  U.  S.  Lead  Mines,  Galena,  Illinois. 


From  Col.  Talcott  to  Mr.  Flanagan. 

ORDNANCE  OFFICE, 
Washington,  March  30,  1842. 

SIR  :  You  will  receive,  herewith,  a  copy  of  a  letter  just  received  from  the 
Commissioner  of  the  General  Land  Office,  stating  the  determination  to  sus- 
pend the  issuing  of  all  patents  for  land  heretofore  sold  within  the  limits  of 
the  district  of  Mineral  Point,  now  Muskoday. 

I  am,  sir,  respectfully,  your  obedient  servant, 

G.  TALCOTT, 

Lt.  Col.  Ordnance. 
J.  FLANAGAN,  Esq., 

Supt.  of  the  U.  S.  Lead  Mines. 


>••  -'•" 


From  the  Commissioner  of  the  General  Land  Office. 

GENERAL  LAND  OFFICE, 

March  30, 1842.    • 

SIR  :  In  answer  to  the  inquiry  submitted  in  your  letter  to  me,  of  the  29th 
instant,  I  have  to  inform  you  that  this  office  lias  deemed  it  proper,  in  view 
of  some  future  action  of  Congress  on  the  subject,  to  suspend  the  issuing  of 
all  patents,  for  land  heretofore  sold  within  the  limits  of  the  district  of  Mineral 
Point  (now  Muscoday),  Wisconsin  Territory. 

I  am,  sir,  with  much  respect,  your  obedient  servant, 

E.  M.  HUNTINGTON, 

Commissioner. 
Lt.  Col.  GEO.  TALCOTT, 

Ordnance  Office,  War  Department. 


RESERVED  MINERAL  LANDS. 

The  authorities  at  Washington,  and  others,  have  been  led  into  a  capital 
mistake,  from  basing  their  estimate  of  the  value  of  the  reserved  mineral  lands 
on  the  *atements  made  in  "  Owen's  report."  However  learned  that  report 
may  be,  or  however  correct  as  to  general  statements,  it  is  evidently  calculated 
to  mislead  the  minds  of  those  at  a  distance,  who  can  not  have  had  it  in  their 
power  to  judge  of  the  real  truth  by  "  painful  experience."  A  geologist 
passes  through  the  country,  sees  various  rocks,  formations,  strata,  &c.,  which 
indicate  the  existence  of  lead  ore.  He  sees  numerous  heavy  heaps  of  the 
mineral  and  the  metal ;  his  imagination  becomes  excited.  He  meets  in  his 
inquiries  with  numbers  of  shrewd  men,  whose  true  characters  are  mystified 
to  the  eye  of  the  stranger,  by  a  careless  air  and  humble  garb.  They  dis- 
cover the  bent  of  the  stranger's  mind,  and  nourish  his  enthusiasm  by  telling 
him  all  manner  of  stories  about  caves  of  hidden  wealth,  and  generally  find 
no  difficulty  in  making  him  about  as  extravagant  as  befits  their  own  amuse- 
ment. Mr.  Owen  himself  must  have  suffered  severely  from  this  species  of 
comedy.  He  has  put  down  section  after  section,  and  league  after  league,  as 
"  mineral  lands  ;"  all  of  which  may  indeed  contain  "  indications  of  lead  ore," 
and,  may  be,  more  or  less  of  the  very  ore  itself,  but  the  finding  it  might  be 
attended  with  an  expense  of  labor,  sufficient  to  beggar  the  population  of  the 
whole  United  States.  It  would  be  very  much  like  digging  for  "  Kid's 
money :"  much  easier  to  conceive  of  than  to  find.  In  searching  for  it,  a 
great  many  flat  rocks  and  caverns  may  be  found,  under  which  and  in  which 
the  ore  might  have  been  hid  ;  but,  a  hundred  to  one,  it  is  not  there.  Nature, 
we  believe,  never  bends  her  laws  to  gratify  the  caprices  or  cupidity  of  man. 
Men  often,  labor  here  month  after  month,  ay,  year  after  year,  in  penetrating 
the  solid  rock,  with  an  anxiety  which  may  be  imagined,  and  no  mineral  do 
they  get  to  reward  them  for  their  labor — for  the  very  good  reason  that  it  is  in 
some  other  place.  The  quarter  section  may  be  good  "mineral  land,"  put 
down  so  by  Mr.  Owen,  but  human  exertion  may  never  discover  the  treasure, 
though  the  lives  of  generations  be  expended  in  the  attempt. 

A  proportion — we  may  safely  say,  a  large  proportion — of  the  "reserved 
mineral  lands,"  as  mineral  lands,  are  worth  nothing.  They  may  be  put 
to  good  use  for  farming  purposes.  Wheat,  corn,  oats,  &c.,  grow  without 


7  [  331  ] 

stint  or  hinderance.  Old  Ireland  can  not  beat  us  much  in  potatoes.  But, 
for  mining  purposes,  a  free  gift  of  the  land  would  only  make  a  man  poorer. 
The  good  of  the  people  and  of  the  General  Government  alike  demand  their 
sale.  As  they  now  lie,  they  can  benefit  no  one.  On  the  contrary,  they 
greatly  retard  the  settlement  of  the  country.  » 

A  man  may  be  amused  by  error,  but  never  permanently  reformed  or 
benefited.  However  ingeniously  men  may  argue,  cover  up  facts,  or  use 
"  words  to  darken  wisdom,"  yet  the  truth  can  alone  make  free.  Many  a 

§ood  cause  has  been  injured  by  bad  arguments  intended  for  its  favor, 
hould  we  here  make  the  statement,  that,  could  all  the  lead  which  has 
ever  been  obtained  from  these  mines  be  correctly  calculated,  and  could  all 
the  labor  expended  in  obtaining  it  be  estimated,  the  worth  of  the  lead 
would  not  pay  each  manjifty  cents  per  day  for  his  labor;  should  \ve  make 
this  statement,  we  say,  those  at  a  distance  might  think  it  untrue,  and 
others  near  home  miorht  pronounce  it  imprudent.  It  is  evidently  for  the 
interest  of  the  country  that  the  mines  be  fully  worked.  It  makes  a  market 
for  the  produce  of  the  farmer,  for  the  work  of  the  mechanic,  and  the 
merchant  sells  his  wares  and  merchandise  to  all.  The  lead  which  we 
export  pays  for  whatever  we  import,  and  a  balance  is  left  with  the  people. 
But  it  is  our  candid  belief,  that  were  an  average  made  as  above  suggested, 
the  miner  would  not  receive  thirty-seven  and  a  half  cents  a  day  as  his  pro- 
portion. We  appeal  to  all  experience  in  this  country  to  prove  that  this  be- 
lief is  founded  on  abundant  fact.  And,  if  it  is  so,  it  proves  that  the  remark 
of  observing  men,  "  that  the  inhabitants  of  a  raining  country  are  always 
poor,"  is  not  contradicted  by  an  exception  here. 

Still  some  men  make  gains  here  by  mining.  Many  others  lose.  The 
chance  of  gain  impels  them  to  labor  on,  trusting  that  they  may  be  more 
fortunate  than  others.  Some  portions  of  these  reserved  lands  are  valuable 
for  mining  purposes ;  but  the  mere  fact  that  the  whole  amount  of  lead  pro- 
duced would  scarcely  pay  half  price  for  the  labor  expended  in  its  produc- 
tion, proves  that,  as  a  whole,  the  lands  are  worth  nothing  to  those  who  use 
them.  On  many  of  the  sections  and  townships  recommended  to  be  re- 
served by  Mr.  Owen,  no  discoveries  of  mineral  have  ever  been  made. 
Can  it.  be  thought  expedient,  for  a  moment,  to  keep  such  lands  out  of  the 
market?  No  injustice  should  be  done  to  the  miners.  They  endure  pri- 
vations enough  now.  If  the  mineral  lands  are  ever  sold,  some  special  pro- 
vision should  be  made  to  protect  this  numerous  class.  But  this  is  no 
argument  why  the  farming  lands  should  not  be  sold  as  other  public  lands. 
We  .know  of  no  way  in  which  the  division  can  be  made,  except  by  the  ap- 
pointment of  special  commissioners,  as  suggested  in  our  last  paper. 


RESERVED  MINERAL  LANDS. 

TUESDAY,  May  24,  1842. 

In  this  paper  we  published  the  proceedings  of  a  meeting  held  at  the  court- 
house in  this  city  on  last  Friday,  to  elicit  some  feeling  with  regard  to  the  dis- 
position of  the  above  lands.  If  the  object  of  that  meeting  was  to  produce 
harmony  of  feeling  on  a  subject  of  such  vital  importance  to  this  section  of 
the  country,  we  have  no  hesitation  whatever  in  expressing  the  belief  that  the 
object  was  not  attained.  Neither  the*  resolutions  (taken  as  a  whole)  nor  the 


[  331  ]  8 

discussions  which  they  excited  appear  to  us  at  all  calculated  to  produce 
union  among  those  whose  best  interests  can  only  be  consulted  by  peace  with 
one  another  (the  farmer  and  the  miner),  nor  were  they  calculated  to  make 
that  favorable  impression  at  Washington  most  likely  to  settle  the  snarled-up 
subject  of  the^p  lands  in  the  most  dispassionate  way.  The  easiest  way  to 
accomplish  a  thing  is  generally  the  best  way,  and  we  are  much  surprised  if 
the  axiom  does  not  hold  good  in  this  case.  Of  what  use  can  it  possibly  be 
to  raise  a  quarrel  with  the  Government  on  this  matter?  Others  may  see 
what  we  can  not  discern.  We  lay  no  claim  to  perfectibility  of  judgment,  but 
we  do  believe  that,  when  some  weeks  ago  we  urged  the  people  on  these 
lands  to  obey  the  laws,  our  judgment  was  made  up  from  a  conscientious 
regard  to  duty.  The  recommendation  is  here  repeated. 

From  all  the  information  which  we  have  been  able  to  gather,  we  have 
confidence  in  the  belief  that  the  Secretary  of  War  has  taken  hold  of  this 
matter  with  a  determination  which  will  not  be  turned  aside  by  any  difficulty 
which  may  be  likely  to  arise.  He  asks  for  correct  information.  John  C. 
Spencer  will  act  on  no  other.  If  he  has  not  that  information  now,  he  will 
spare  no  pains  to  obtain  it.  He  will  calmly  weigh  every  recommendation, 
if  he  has  not  lost  his  former  good  sense,  and  if  jusiice  is  not  done,  it  will  only 
be  in  those  cases  which  can  not  be  reached  by  any  general  rule.  Congress 
evidently  expect  to  make  no  immense  sum  of  money  out  of  these  lands. 
Time  and  again  their  sale  has  been  recommended ;  but,  when  some  plan 
for  their  disposal  has  been  asked,  every  opposing  interest  has  an  opposite 
system.  These  conflicting  opinions  the  Secretary  will  calmly  compare,  and 
a  shrewd  mind  like  his  can  hardly  fail  to  come  near  the.  truth. 

Doubts  have  been  expressed  whether  the  present  superintendent  of  the 
mines  was  not  going  beyond  his  instructions.  There  is  reason  to  suppose 
that  the  War  Department  are  satisfied  with  his  course.  But  a  short  time 
since  Colcnel  Bomford  was  here  and  inspected  the  office,  and  wrent  away 
fully  satisfied  with  his  proceedings. 

Within  a  few  days  past  an  assistant  to  Mr.  Flanagan,  appointed  by  the- 
War  Department,  has  arrived  here  from  Washington.  We  learn  that  he  in- 
tends to  visit  the  whole  mining  country,  and  ascertain,  as  far' as  possible,  the 
best  plan  for  separating  the  mineral  from  the  farming  lands.  He  is  fully 
satisfied  with  the  course  pursued  by  the  superintendent,  and  says  he  will  be 
firmly  sustained  by  the  authorities  at  Washington.  Calm  and  dispassionate 
communication  with  him  is  recommended.  Passion  is  a  blind  guide,  while 
reason  is  always  a  sure  one.  In  this  case  the  interests  involved  are  too  mo- 
mentous to  be  left  with  the  one,  or  without  the  assistance  of  the  other. 


SETTLERS'  MEETING. 

At  a  large  and  respectable  meeting  of.  the  citizens  of  the  mining  country, 
held  at  the  court-house  in  Galena  on  Friday,  the  20th  instant,  pursuant  to 
public  notice,  for  the  purpose  of  recommending  some  plan  to  the  General 
Government  for  the  disposition  of  the  mineral  lands  belonging  to  the  United 
Stales,  John  Turney  was,  on  motion,  called  to  the  chair,  and  Allan  Tomlin 
and  George  W.  Harrison  were  appointed  secretaries. 

After  some  brief  remarks  explanatory  of  the  object  of  the  meeting,  by 


9  [  331  J 

C.  S.  Hempstead,  Esq..  the  following  resolutions  were  offered  by  him,  and 
adopted : 

'Resolved,  That  a  committee  of  fifteen  be  appointed  (five  each)  from  the 
mining  region  of  Illinois,  Wisconsin,  and  Iowa,  to  report  at  a  future  meeting 
as  to  the  propriety  and  expediency  of  the  sale  of  the  reserved  public  lands  in 
the  mineral  region. 

Resolved,  That  said  committee  also  report  what  legislative  provisions  are 
required,  if  any,  to  secure  the  miner  and  /armer  their  just  and  equitable 
right  to  any  such  reserved  lands,  should  a  sale  thereof  take  place. 

Whereupon  the  chair  appointed  the  following  gentlemen  to  compose  said 
committee : 

From  Illinois. — C.  S.  Hempstead,  James  Craig,  John  McDonald,  John 
Dement,  Abel  Proctor. 

From  Wisconsin. — R.  R.  Young,  Frank  Washburne,  Thompson  Humes, 
Lewis  Curtis,  Hugh  R.  Cotter. 

From  Iowa. — S.  D.  Dixon,  Robert  Waller,  Lucius  Langworthy,  Patrick 
Q,uigley,  Peter  A.  Lorimier. 

The  following  resolution  was  offered  by  Thompson  Campbell,  Esq.,  and 
adopted : 

Resolved,  That  this  meeting  request  John  Flanagan,  superintendent  of 
the  Upper  Mississippi  lead  mines,  to  produce  instanter  to  this  meeting  the 
instructions  which  he  has  received,  if  any,  from  the  General  Government  or 
War  Department,  authorizing  him  to  lease  the  mineral  lots  in  the  mining 
region,  and  that  a  committee  of  three  be  appointed  by  the  chair  to  await  im- 
mediately on  Mr.  Flanagan. 

Whereupon  the  chair  appointed  Messrs.  Thompson  Campbell,  H.  H. 
Gear,  and  General  George  W.  Jones,  who,  after  a  short  absence,  reported 
that  they  had  waited  upon  Mr.  Flanagan,  and  received  for  answer  that  the 
letters  recently  published  in  the  Galena  Gazette  contain  all  the  authority  re- 
ferred to  in  the  resolution. 

The  following  resolutions  were  offered  by  Colonel  Dement,  and  adopted  : 

Resolved,  That,  in  the  opinion  of  this  meeting,  the  General  Government 
ought  not  to  issue  permits  to  individuals  to  mine  upon  any  lands  to  which 
a  right  of  pre-emption  has  been  proven,  filed  in  the  land  office,  and  which 
proof  has  been  decided  by  said  officers  to  be  sufficient  to  entitle  the  settler  to 
a  right  of  pre-emption,  and  which  pre-emption  right  has  not  yet  been  decided 
upon  by  the  General  Land  Office,  or  by  any  other  Government  authority,  nor 
upon  entered  lands,  unless  such  entries  have  been  revoked  by  the  United 
States  in  due  form. 

Resolved,  That  it  is  further  the  opinion  of  this  meeting  that  we  do  con- 
sider, after  hearing  the  instructions  to  the  superintendent  read,  sent  to  this 
meeting  through  the  committee  appointed  to  wait  on  him,  that  he  is  not  by 
them  either  authorized  or  required  to  issue  permits  on  any  such  lands  as 
above  mentioned  ;  and  that  if  he  is  authorized  to  issue  permits  to  mine  on 
the  lead  mines,  we  believe  that  those  instructions  would  be  complied  with 
by  leasing  such  lands  only  as  have  been  expressly  reserved  by  the  President 
of  the  United  States  for  mining  purposes. 

The  following  resolution  was  offered  by  Thompson  Campbell,  Esq.,  and 
adopted : 

Resolved,  That  the  superintendent  has  no  authority  to  grant  leases  for 
mineral  lots  that  have  been  used  and  occupied  according  to  the  custom  of 
miners,  other  than  those  who  have  so  used  and  occupied  them. 


[  331  ]  10 

Resolved,  That  the  proceedings  of  this  meeting  be  published  in  all  the 
papers  in  the  mining  region. 

On  motion,  adjourned  to  Saturday,  the  4th  day  of  June,  at  eleven  o'clock. 

JOHN  TURNEY,  Chairman. 
ALLAN  TOMLIN, 
G.  W.  HARRISON, 

Secretaries. 


MINERS'  MEETING. 

At  a  numerously  attended  meeting  of  miners  and  citizens  held  at  James- 
town, Menornonie  Diggings,  Grant  county,  Wisconsin  Territory,  on  .Friday, 
the  27th  instant,  A.  H.  Gillman  \fas  called  to  the  chair,  and  H.  Van  Vleck 
•and  C.  Burrell  chosen  secretaries. 

The  object  of  the  meeting  having  been  explained,  on  motion  of  J.  C. 
Bourner,  a  committee  of  seven  was  appointed  to  draught  a  report  and  resolu- 
tions expressive  of  the  sense  of  the  meeting,  whereupon  Miles  Hollingsworth, 
Lysander  Gilmore,  William  Richardson,  George  W.  Brownell,  John  McNul- 
ty,  Thomas  L.  Shaw,  and  Charles  Pole,  were  chosen  said  committee. 

The  committee,  after  retiring  for  a  short  time,  returned,  and  submitted  the 
following  report  and  resolutions,  which  were  adopted  by  a  vote  of  74  to  11 : 

REPORT. 

Whereas,  we,  the  citizens  of  the  mining  district,  residing  in  Illinois  and 
Wisconsin,  feeling  satisfied  that  the  great  and  paramount  interests  of  this 
country  have  been  greatly  suspended  and  her  prosperity  greatly  injured  by 
illegal  and  fraudulent  entries,  thus  wresting  from  the  industrious  and  hardy 
miner  the  fruits  of  years  of  labor — labor  which  has  been  performed  under 
the  sanction  of  the  General  Government ;  and  whereas,  there  is  an  attempt 
being  made  by  speculators  to  have  the  remainder  of  the  mineral  lands  thrown 
into  market  at  the  present  time ;  therefore, 

Resolved,  That  we  highly  approve  of  the  plan  for  leasing  the  lead  mines 
of  the  United  States,  as  perfected  by  the  superintendent,  Mr.  Flanagan,  and 
approved  of  by  the  honorable  Secretary  of  War,  Mr.  Spencer,  and  although 
we  despaired  at  one  time  of  justice  ever  being  done  the  miners,  we  now  are 
satisfied  that  the  Government,  with  the  present  heads  of  Departments,  will 
do  us  justice. 

Resolved,  That  we  hail  with  pleasure  the  determination  of  the  Commis- 
sioner of  the  General  Land  Office  in  suspending  the  issuing  of  all  patents 
until  a  thorough  investigation  can  be  had  in  relation  to  the  fraudulent  entries 
of  the  mineral  lands,  fully  satisfied  when  that  investigation  is  had,  that  jus- 
tice will  be  done  to  the  injured  miner  as  well  as  to  the  Government. 

Resolved,  That  the  proceedings  of  the  meeting  at  Galena  on  the  20th.  in- 
stant was  highly  inflammatory,  disorganizing,  and  revolutionary,  and  we  en- 
ter our  solemn  protest  against  the  whole  proceedings,  and  approve  of  the 
conduct  of  Mr.  Flanagan  on  that  occasion  in  attending  to  the  Duties  of  his 
office,  instead  of  attending  to  any  such  ex  parte  meeting  show  his  author- 
ity, as  was  required  of  him  by  said  meeting. ' 

Resolved,  That  we  approve  of  the  laws  now  in  existence  in  relation  to 
the  mineral  lands,  and  that  we;  as  miners  and  working-men,  will  sustain  the 


11  [  331  ] 

superintendent  in  the*  execution  of  those  laws,  believing  that  he  has  disin- 
terestedly represented  our  true  interest  at  Washington,  and  has  been  almost* 
the  sole  means  of  the  miners  recovering  their  rights,  which,  from  present  ap- 
pearances, we  are  satisfied  they  will  do,  and  we  are  resolved  to  sustain  him 
at  all  hazards. 

Resolved,  That  it  is  the  bounden  duty  of  Government  to  revoke  all  illegal 
entries  of  mineral  lands  heretofore  made,  in  order  to  keep  alive  that  attachment 
and  confidence  which  should  always  exist  in  the  minds  of  the  citizens,  and 
exhibit  that  invaluable  example,  immutable  and  eternal  justice,  so  essential 
to  the  happiness  of  the  people. 

Resolved,  That  this  meeting  highly  approve  of  the  bill  proposed  byMr. 
Howard,  chairman  of  the  Committee  on  Public  Lands,  and  desire  that  our 
Delegate  in  Congress,  the  Honorable  Henry  Dodge,  be  instructed  to  support 
said  bill. 

Resolved,  That,  while  it  is  the  sense  of  this  meeting  that,  in  representing 
the  true  interests  of  the  real  producers  of  this  country,  we  recommend  to  the 
consideration  of  Government  the  prospect  of  respecting  the  interest  of  such 
persons  as  have  made  permanent  agricultural  improvements  on  such  lands 
as  are  obviously  not  valuable  for  mining  purposes. 

Resolved,  That  the  proceedings  of  this  meeting  be  signed  by  the  president 
and  secretaries  of  this  meeting,  and  be  published  in  the  Wisconsin  Whig, 
Northwestern  Gazette,  Dubuque  Express,  and  the  other  papers  of  the  mining 
region. 

A.  H.  GILMORB,  Chairman. 

HENRY  VAN  VLECK, 

CUTHBERT  BURRELL, 

Secretaries. 


MINERS'  MEETING. 

Pursuant  to  previous  notice,  a  numerously  attended  meeting  of  miners  and 
citizens  was  held  at  the  house  of  Shaw  &  Burrell,  on  Coon  branch,  Iowa 
county,  Wisconsin  Territory,  on  Saturday,  the  28th  instant,  when  John 
Jameson  was  called  to  the  chair,  Thomas  L.  Shaw  acting  as  assistant  chair- 
man, and  Peter  Heartman  and  Cuthbert  Burrell  were  chosen  secretaries. 

The  object  of  the  meeting  having  been  made  known  briefly  by  the  chair, 
on  motion  of  Miles  Rollings  worth,  Esq.,  a  committee  of  twelve  was  ap- 
pointed by  the  chair  to  draught  a  preamble  and  resolutions  expressive  of  the 
sense  of  the  meeting. 

The  following  named  gentlemen  were  appointed  said  committee :  Emmit 
D.  Boaz,  George  A.  Walker,  Thomas  S.  Pole,  Thomas  J.  Moorman,  Oba- 
diah  Woodall,  John  Sheridan,  James  M.  Dean,  Elisha  Holmes,  Nathan 
White,  John  Burrell,  John  Parkinson,  and  Robert  M.  Magee. 

After  some  time  occupied  in  preparing,  the  committee  returned  with  the 
following  report  and  resolutions,  which  were  submitted  separately,  and  unani- 
mously adopted.  They  were  then  submitted  collectively,  when  one  hun- 
dred and  sixty  one  voted  for,  and  two  declined  voting  for  or  against  their 
adoption.  In  consequence  of  the  heavy  rain  previous  to,  and  about  the  time 
of,  taking  the  vote,  considerable  numbers  of  miners  had  left  for  their  respec- 
tive homes  before  the  vote  was  taken,  and  consequently  were  not  counted. 

Whereas,  the  honor,  the  safety,  and  the  true  interests  of  the  governed, 


[  331  ]  12 

alike  with  the  Government,  depends  upon  the  impartiaF  execution  and  in- 
violable preservation  of  the  laws  of  the  land ;  therefore, 

Resolved,  That  it  is  the  duty  of  the  Government,  as  soon  as  practicable, 
to  revoke  and  make  null  and  void  all  entries  of  public  lands  containing  lead 
mines  fraudulently  or  illegally  made ;  and  we  do  concur  in  the  recommend- 
ation of  the  present  superintendent  for  the  "  appointment  of  commissioners, 
by  competent  authority,  to  be  persons  not  interested,  but  acquainted  with  the 
mineral  country,  whose  duty  it  shall  be  to  ascertain,  from  evidence  to  be 
submitted  to  them :  1st,  the  locality  and  description  of  all  the  lands  containing 
mineral  or  lead  mines;  2dly,  to  ascertain  what  lands  now  or  heretofore 
containing  lead  mines  have  been  illegally  entered;  and,  finally,  to  declare, 
upon  the  full  examination  of  the  whole  matter,  all  lands  containing  lead  mines 
and  not  entered,  and  all  lands  now  entered,  and  heretofore  (at  the  time  of 
the  entry)  containing  lead  mines,  to  be  reserved  to  the  United  States ;  and 
also  .to  declare  how  many  and  what  contiguous  sections  shall  be  reserved. 
All  lands  to  be  reserved  by  the  commissioners  thus  appointed  to  be  desig- 
nated and  described  fully  and  particularly." 

Resolved,  That,  until  such  discrimination  and  separation  be  made,  any 
sale  of  the  lands  containing  lead  mines  will  cause  great  hardship  and  injus- 
tice, not  only  to  the  farmers,  but  to  the  miners,  who,  relying  upon  the  invi- 
tation of  the  Government,  embarked  their  time,  their  labor,  and  their  means, 
in  the  business  of  mining  on  the  public  lands. 

And  whereas,  at  an  adjourned  meeting  at  Plattville  the  following  pream- 
ble and  resolutions  were  adopted  and  passed,  and  the  sentiments  of  which 
have  our  entire  concurrence, 

Resolved^  That  this  meeting  adopt  said  preamble  and  resolutions,  as  fol- 
lows: 

REPORT. 

Whereas,  we,  as  citizens  of  the  mining  district,  in  Wisconsin  Territoryr 
being  apprized  of  the  intention  of  the  General  Government  to  reclaim  her 
rights  in  the  Upper  Mississippi  lead  mines,  and  to  make  some  disposition  of 
the  lands  which  were  reserved  for  mineral  and  smelting  purposes;  and 
whereas,  the  selling  of  a  portion  of  the  lands  in  the  mining  district  may  have 
contributed  to  the  promotion  of  agriculture,  yet  mining,  which  is  the  great 
and  paramount  interest  of  the  country,  has  been  materially  injured  by  their 
sale,  as  a  large  portion  of  lands  containing  valuable  mineral  discoveries  have 
been  purchased  by  speculators,  who  exact  extortionate  rents  from  the  miners, 
without  the  privilege  of  staking  off  and  holding  ten  acres  around  their  dis- 
coveries as  they  formerly  enjoyed  under  the  kind  protection  of  the  Govern- 
ment; therefore, 

Resolved,  That  by  selling  the  mineral  reserves,  the  Government  would 
enrich  a  few  avaricious  speculators  with  the  hard  earnings  of  the  diggers,  as 
well  as  cut  off  a  great  and  lasting  source  of  public  revenue. 

Resolved,  That  we  cordially  approve  of  the  design  of  the  honorable  Sec- 
retary of  War,  to  lease  (according  to  the  plan  proposed  by  Mr.  Flanagan,  the 
superintendent  of  the  United  States  lead  mines)  the  mines  in  this  country 
to  actual  operatives,  and  to  them  only. 

Resolved,  That  we,  as  miners,  pledge  ourselves  to  lease  our  mineral  claims 
from  the  Government,  and  to  recognise  the  claims  of  individuals  upon  the 
public  mineral  lands  only  so  far  as  those  claims  are  founded  on  leases  or 
permits  from  the  Government. 


13  [  331  ] 

Resolved,  That  the  right  of  claimants  to  old  discoveries  has  been  recog- 
nised, when  held  without  opposing  and  conflicting  claims :  such  claims 
should  and  ought  to  be  respected,  provided  such  claimants  shall  forthwith 
come  under  the  regulations  of  the  General  Government  which  now  exist,  or 
may  hereafter  be  provided  for  the  government  of  the  United  States  lead 
mines  in  this  country. 

Resolved,  That  we  feel  bound  to  respect,  and  .petition  the  General  Gov- 
ernment to  recognise  the  rights  and  provide  for  the  security  of  the  interests  of 
such  persons  as  have  made  improvements  on  the  public  lands  for  agricultural 
purposes,  and  also  of  such  persons  as  have  erected  dwelling-houses  in  or  near 
towns  and  villages :  provided  that  such  claimants  make  such  improvements 
in  good  faith,  and  not  for  the  purpose  of  claiming  rent  from  diggers  for  a 
large  amount  of  public  mineral  lands. 

Resolved,  That  we  approve  of  the  bill  introduced  by  Mr.  Howard  in  the 
House 'of  Representatives  of  the  United  States,  and  now  before  said  House, 
in  relation  to  the  fraudulent  entries  of  mineral  lands  in- the  Upper  Mississippi 
lead  mines  to  remedy  fraudulent  purchases,  &c.,  and  that  the  passage  of  the 
said  bill  should  be  zealously  supported  by  our  Delegate  in  Congress,  the 
Honorable  H.  Dodge. 

Resolved,  That  we  do  not  approve  of  selling  the  lands  at  this  time. 

Resolved,  That  John  Flanagan,  mineral  agent, is  entitled  to  our  gratitude 
for  his  prompt  and  energetic  interposition  in  our  behalf  at  Washington,  in 
explaining  and  promoting  our  just  interests,  and  that  we  highly  approve  of 
the  system  in  regard  to  the  mineral  lands,  for  the  adoption  of  which  we  are 
indebted  to  his  persevering  devotion  to  our  rights. 

Resolved,  That  this  meeting  have  read  with  feelings  of  abhorrence  and 
disgust  an  article  contained  in  the  Miners'  Express  of  May  19,  1842,  censur- 
ing Mr.  Flanagan,  the  present  superintendent  of  the  United  States  lead 
mines,  for  the  course  recommended  by  him  in  regard  to  delinquents,  and 
charging  individuals  of  the  mining  region  with  perjury. 

Resolved,  That  it  is  the  opinion  of  this  meeting  that  the  superintendent 
had  just  grounds  for  making  the  assertion,  from  the  facts  of  cases  which  have 
been  tried  in  Illinois  in  this  Territory,  caused  by  entries  made  at  Mineral 
Point  by  means  of  false  swearing,  sufficient  to  satisfy  any  mind  of  common, 
candor  that  the  assertion  is  correct. 

Resolved,  That,  reposing  entire  confidence  in  the  justice,  patriotism,  and 
ability  of  the  authorities  who  possess  legal  jurisdiction  over  the  United  States 
lead  mines  in  the  Wisconsin  mineral  district,  we  will  maintain  and  support 
such  authorities,  and  also  their  legally  authorized  agent  in  this  region,  John 
Flanagan,  in  sustaining  the  supremacy  of  the  laws  of  our  common  country 
at  all  hazards ;  and  that  all  attempts.on  the  part  of  those  who  have  disregarded 
the  solemnity  of  oaths,  openly  and  voluntarily  violating  one  of  the  most 
sacred  bonds  of  union  among  the  human  family,  by  falsely  swearing  for  the 
purpose  of  entering  by  fraud  the  mineral  lands  occupied  by  miners,  and  also 
mineral  lands  the  property  of  the  United  States;  and  now  for  such  men  to 
slander  the  superintendent  is  in  bad  taste,  and  ought  to  meet  with  the  decided 
disapprobation  of  every  lover  of  justice  and  of  his  country. 

Resolved,  That  a  committee  of  five  be  appointed  to  draft  a  petition  to  the 
War  Department,  and  to  appoint  an  executive  committee  of  twenty-two  per- 
sons, whose  business  it  shall  be  to  visit  the  various  districts  of  the  mining 
region,  and  there  to  take  measures  to  circulate  and  obtain  signers  to  said 
petition  expressive  of  the  wishes  of  the  miners  generally,  as  manifested  at 


[  331  ]  14 

the  late  public  meetings  of  Plattville,  Jamestown,  Menomonie  Diggings,  and 
Coon  Branch ;  whereupon,  the  chair  appointed  Thomas  S.  Pole,  George  W. 
Brownell,  C.  Bunell,  William  J.  Walker,  and  Peter  Hartman,  as  a  commit- 
tee to  draught  the  petition  and  appoint  the  executive  committee  embraced  in 
the  resolution.' 

Resolved,  That  the  proceedings  of  this  meeting  be  signed  by  the  chair- 
man and  secretaries,  and.  published  in  all  the  newspapers  published  in  the 
mining  region. 

Resolved,  That  this  meeting  now  adjourn. 

JOHN  JAMESON, 
THOMAS  L.  SHAW, 

Chairmen* 
PETER  HEARTMAN, 
CUTHBERT  BURRELL, 

Secretaries. 

COON  BRANCH,  IOWA  Co.,  W.  T.3  May  28,  1842. 

^ 


The  following  petition  accompanied  the  foregoing  proceedings : 

Petition  to  the  Hon.  Secretary  of  the  War  Department,  or  the  legally  con- 
stituted authorities  at  Washington. 

We,  the  undersigned,  citizens  of  Wisconsin  and  Illinois,  having  reason  to 
apprehend  that  our  hitherto  numerous  petitions  and  remonstrances  to  Con- 
gress against  the  blindly  incited  cupidity  of  the  land  speculators,  have  in 
times  past  failed  to  reach  the  knowledge  of  the  proper  authorities  through  the 
faithlessness,  and  probable  self-interest,  of  our  former  delegates  to  Congress, 
but  cheered  by  the  recent  demonstrations  of  returning  justice,  and  under  the 
lively  emanations  of  gratitude  at  the  prospect  of  reclaiming  our  just  rights, 
and  the  consequent  return  of  peace  and  tranquillity  to  our  otherwise  happy 
land;  we  deem  it  our  duty,  as  well  as  right,  to  present  in  this  form  the  col- 
lected wish  of  a  portion  of  the  citizens  of  Wisconsin  and  Illinois,  as  to  the 
future  disposition  of  the  Government  lands,  the  sentiments  and  wishes  of 
whom  will  be  found  contained  in  the  accompanying  resolutions  passed  at  a 
numerously  attended  public  meeting  held  in  Plattville,  Jamestown,  and  Coon 
Branch,  Wisconsin  Territory. 

In  the  adoption  of  some  prompt  and  efficient  measures  to  the  miners,  and 
tranquillity  to  the  country,  your  petitioners  would  recommend  to  the  favora- 
ble consideration  of  the  Department,  the  plan  proposed  in  the  report. of  the 
present  superintendent,  viz  :  the  appointment  of  commissioners  to  decide  on 
such  lands  as  shall  be  retained  for  mining  purposes. 


LEAD. 

The  St.  Louis  New  Era  of  the  30th  ult.,  states,  that  the  quantity  of  lead 
received  in  that  city  from  the  upper  mines,  since  the  opening  of  navigation, 
is  140,000  pigs,  or  nearly  ten  millions  of  pounds.  The  average  price  of  lead 
at  St.  Louis  is  $3  25  per  100  pounds. 

r  r 


15  f  331  3 

LEAD. 

The  New  York  Price  Current  says,  sales  of  5,000  or  6,000  pigs  of  Missouri 
lead  have  been  made  at  3§  a  3|  cents,  cash,  which  is  an  improvement, 
holders  generally  demanding  an  advance  on  last  week's  rates. 


NOTICE. 

OFFICE  U.  S.  LEAD  MINES, 
Galena,  Illinois,  April  30,  1842. 

Notice  is  hereby  given  to  all  persons  mining  or  occupying  mineral  lands 
that  the  undersigned  is  now  prepared  to  grant  lease  for  the  lead  mines  of  the 
United  States,  in  the  State  of  Illinois,  and  the  two  Territories,  Wisconsin 
and  Iowa,  under  the  late  regulation  from  the  War  Department. 

In  all  applications  for  leases  preference  will  be  given  to  old  and  present 
mining  occupants,  and  they  are  requested  to  make  immediate  application  to 
the  superintendent  for  leases,  and  at  the  same  time  render  an  exhibit  and 
statement  of  all  the  rent  due  by  them.  In  any  case  where  the  present  claim- 
ant or  occupant  shall  refuse  to  take  out  a  lease,  and  comply  with  the  late 
regulations  of  this  office,  the  same  will  be  leased  to  the  first  applicant.  No- 
tice is  further  given  that  all  the  permits  for  mining .  in  Government  lands, 
which  were  granted  by  the  late  superintendent,  Doctor  H.  King,  or  any  pre- 
vious superintendent,  are  hereby  revoked,  and  will  become  null  and  void 
at  the  expiration  of  three  months  from  this  date,  as  provided  for  in  such 
permits ;  the  holders  of  permits  who  have  locations  agreeably  to  the  regula- 
tions under  which  they  were  granted,  and  who  shall  come  forward  within 
the  abovementioned  time  and  pay  the  arrearages  of  rent  due  to  the  United 
States  will  receive  leases  for  mining  on  such  locations  according  to  the  late 
instructions  from  the  War  Office  on  that  subject. 

JOHN  FLANAGAN, 
Superintendent  U.  S.  Lead  Mines^ 


GALENA,  June  9,  1842. 

GENTLEMEN  :  As  chairman,  I  beg  leave  to  enclose  to  you  the  report  of 
the  printed  proceedings  of  a  settlers'  meeting  here,  in  relation  to  the  sale  of  the 
reserved  mineral  lands  in  Wisconsin,  Iowa,  and  Illinois.  The  meeting 
grows  out  of  a  letter  received  from  the  Hon.  R.  M.  Young,  Senator  in  Con- 
gress, suggesting  that  the  people  should  express  their  wishes  in  some  way  as 
to  the  sale  of  those  lands,  and  that  they  would  present  the  form  of  a  bill  or 
proposition,  which,  in  their  judgment,  would  but  reconcile  conflicting  inter- 
est and  settlements. 

The  plan  proposed  by  the  adjourned  meeting  (which  was  a  very  general 
attendance  of  miners  and  settlers  of  the  neighborhood  of  Galena),  is  the 
same,  as  to  the  sale  of  the  mineral  lands,  which  was  recommended  in  1838 
by  the  Commissioner  of  the  General  Land  Office,  as  likewise  to  illegal  and 
fraudulent  entries,  recommended  by  the  same,  with  addition  of  the  late  bill 
of  Mr,  Howard,  from  the  Committee  on  Public  Lands. 
I  am,  very  respectfully, 

JOHN  TURNEY, 


[  331  ]  16 

SETTLERS'  MEETING. 

At  an  adjourned  meeting  of  the  citizens  of  the  mining  country,  held  at  the 
court-house,  in  the  city  of  Galena,  on  Saturday,  the  4th  day  of  June,  ac- 
cording to  the  adjournment  of  the  previous  meeting,  Charles  S.  Hempstead, 
Esq.,  from  the  committee  of  fifteen,  reported  as  follows: 
The  committee  appointed  at  the  settlers'  meeting,  the  20th  ult.,  under  the 
following  resolutions : 

"  Resolved,  That  a  committee  of  fifteen  be  appointed  (five  each)  from  the 
mining  region  of  Illinois,  Wisconsin,  and  Iowa,  to  report  at  a  future  meeting 
as  to  the  propriety  and  expediency  of  the  sale  of  the  reserved  public  lands 
n  the  mineral  region  : 

"  Resolved,  That  said  committee  also  report  what  legislative  provisions 
are  required  (if  any)  to  secure  the  miner  and  farmer  their  just  and  equitable 
right  to  any  such  reserved  land  should  a  sale  thereof  take  place  :" 
Beg  leave  to  present  the  following  report : 

That  they  have  given  to  the  subject  their  most  attentive  consideration, 
which  its  great  importance  demands,  alike  from  the  extent  and  value  of  the 
interests  involved,  both  to  the  Government  and  the  citizens  of  the  mining 
region,  as,  also,  the  peculiar  delicacy  arising  out  of  the  excitement  which 
has  been  recently  exhibited  in  various  parts  of  the  country,  and  which,  in  the 
opinion  of  your  committee,  has  nothing  to  do  with  the  questions  involved  in 
the  resolutions  above  quoted. 

Three  propositions  are  contained  in  those  resolutions: 
1st.  As  to  the  "propriety"  of  the  sale  of  the  reserved  public  lands  in  the 
mineral  region. 

2dly.  As  to  the  "  expediency"  of  such  a  sale. 

3dly.  "  What '  legislative  provisions'  are  required  (if  any)  to  secure  to  the 
miner  and  farmer  their  just  and  equitable  rights  to  any  such  reserved  lands, 
should  a  sale  thereof  take  place." 

As  to  the  "  propriety"  of  a  sale,  your  committee  do  not  deem  it  necessary, 
at  this  late  day,  to  enter  into  a  labored  argument  to  prove  that  the  best  inte- 
rests of  the  Government  and  its  citizens  would  be  most  promoted  by  a  sale 
of  the  public  domain  as  soon  as  circumstances  would  admit.  It  never  was 
intended  by  the  framers  of  the  constitution,  nor  has  it  ever  entered  into  the 
mind  of  any  statesman  since  the  formation  of  our  Government,  to  create  the 
odious  rotation  of  landlord  and  tenant  between  the  Government  and  its  citi- 
zens. It  has  been  the  policy  unvaryingly,  pursued  by  the  Government  un- 
der nil  administrations,  to  dispose  of  the  public  lands,  and  however  much 
politicians  may  differ  as  to  the  distribution  of  the  proceeds,  all  have  concur- 
red in  the  policy  of  disposing  of  those  lands.  Lands  containing,  or  supposed 
to  contain,  lead  mineral,  have  been  the  only  solitary  exception  to  the  policy 
of  an  immediate  disposal.  A  power  of  reservation  was  given  to  the  Gov- 
ernment for  the  purpose  of  ascertaining  their  true  value,  and  that  they 
should  not  fall  into  the  hands  of  monopolists  ;  but  when  it  was  ascertained, 
as  in  the  instance  of  those  in  Missouri,  that  from  the  great  extent  of  the  min- 
eral lands  in  the  United  States,  as  well  as  the  impossibility  of  monopolists  secur- 
ing them,  the  Government  has  withdrawn  such  reservations  and  brought  them 
into  market  as  others.  And  it  is  a  fact  well  known  that,  from  the  year  1930, 
to  the  present  time,  the  sale  of  the  mineral  lands  in  the  upper  Mississippi  coun- 
try has  been  recommended  by  all  the  Government  agents  here,  as  likewise 
by  all  the  heads  of  Departments  at  Washington,  down  to  the  present  Secre> 


17  [  331  ] 

tary  of  War,  who,  in  his  letter  of  5th  April,  says  that  "  It  may  not  be  deem- 
ed irrelevant  to  remark,  that  it  is  contemplated  to  offer  for  sale  the  mineral 
lands  in  the  north  part  of  Illinois,  upon  which  lead  mines  are  known  to  ex- 
ist, so  soon  as  the  embarrassment  in  moneyed  affairs  shall  cease,  or  be  so 
mitigated  as  to  afford  a  prospect  of  reasonable  and  fair  prices  being  obtained 
for  them." 

In  addition  to  the  above,  as  to  the  "  propriety"  or  legality  of  a  sale  of  the 
"  reserved  mineral  lands,"  the  Government,  by  the  Hon.  Secretary  of  War, 
has  declared  that  no  further  legislation  even  is  unnecessary,  that  the  Presi- 
dent now  possesses  the  power  to  authorize  a  sale  of  the  lead  mines  in  the 
Territories  of  Wisconsin  and  Iowa,  and  the  northern  part  of  Illinois,  as  may 
be  seen  by  his  letter  before  referred  to  (5th  April,  1842). 

The  question  then  presents  itself — 

2dly.  As  to  the  "  expediency"  of  such  a  sale.  Your  committee  have  come 
to  the  conclusion  that  such  a  sale  is  expedient ,  so  soon  as  suitable  measures 
can  be  adopted  to  secure  the  farmer  and  settler,  where  lands  have  been  taken 
up  and  occupied  for  farming  purposes,  his  improvements,  and  the  miner, 
who  has  bona  fide  worked  and  possessed  mineral  ground,  his  lot  or  lots,  ac- 
cording to  the  rules  and  regulations  adopted  by  the  Government,  or  by  the 
usages  of  the  neighborhood.  The  mining  region  (so  called),  it  is  well  known} 
embraces  a  large  extent  of  country  in  the  northern  part  of  Illinois,  and  in 
the  Territories  of  Wisconsin  and  Iowa.  On  the 'eastern  side  of  the  Missis* 
sippi,  commencing  at  a  point  on  that  river  thirty  miles  south  of  Galena,  and 
running  east  about  thirty-six  miles,  to  the  line  dividing  ranges  No.  8  and  9, 
thence  north  and  west  about  seventy  miles  to  the  Wisconsin  river,  and  thence 
with  the  Wisconsin  to  the  Mississippi.  On  the  west  side  of  the  Mississippi, 
lead  ore  is  contained  in  the  tract  of  country  which  extends  about  thirty-five 
miles  north  and  south,  between  the  waters  of  Turkey  and  the  Big  Maquo- 
quoti  rivers.  That  such  an  extent  of  country,  embracing  so  large  a  portion 
of  good  farming  lands,  should  be  reserved,  from  sale,  and  the  mineral  lands 
thereon  be  held  by  Government  to  rent  out,  would  be,  in  the  opinion  of  your 
committee.,  at  once  unjust,  oppressive,  and  injurious,  alike  to  the  Govern- 
ment and  its  citizens.  The  Government  itself  is  so  fully  aware,  not  only  of 
the  policy,  but  of  the  necessity  of  selling  all  these  lands,  that  they  have  de* 
termined  to  grant  leases  only  for  one  year,  till  some  plan  can  be  matured  to 
enable  it  to  obtain  a  fair  price  for  its  mineral  lands,  and  to  prevent  any  con* 
flict  between  miners  and  settlers  in  the  ultimate  purchase  of  their  lands. 

We  do  not  deem  it  necessary  here  to  trifle  with  the  common  sense  of  the 
community,  to  enter  into  a  refutation  of  the  opinion  of  interested  individuals, 
that  a  system  of  permanent  leases  for  mineral  lands  ought  to  be  adopted.  It 
must  be  apparent  to  every  man  of  reflection,  that  it  would  result  to  no  good  to 
the  Government,  nor  any  ultimate  good  to  the  miner  himself ;  that  it  would 
tend  to  establish  an  odious  and  obnoxious  system  of  landlord  and  tenant  be- 
tween  the  Government  and  its  citizens,  and  produce  a  constant  state  of  agi- 
tation and  excitement,  which  would  cause  much  individual  suffering,  disturb 
the  peace  of  society,  and  do  an  amount  of  injury  to  the  public  which  we 
"will  not  attempt  to  describe.  And  your  committee  here  deem  it  not  indeli- 
cate nor  improper  to  notice  an  attempt,  on  the  part  of  some  individuals  in 
the  mining  region,  to  get  up  an  excitement  on  the  subject,  which  presents  a 
false  issue  of  the  matters  for  which  the  settler's  meeting  was  called.  The 
tendency  of  that  attempt  is  to  produce  a  collision  between  the  miner  and  the 
settler.  As  to  the  best  mode  and  manner  of  disposing  of  the  mineral  reserva- 


331  J 


18 


tions,  there  need  not,  nor  does  there  exist  any  cause  of  disagreement  between 
these  two  meritorious  classes  of  our  citizens.  The  actual  settler  only  wishes  a 
title  to  his  lands  as  other  settlers  upon  public  lands,  and  can  only  wish  that 
the  miner  may  be  secure  in  his  rights,  when  by  his  labor  and  his  toil  he  has 
acquired  a  right  to  his  mineral  ground.  And  We  most  emphatically,  on  our 
part,  do  disclaim  the  sentiment  ascribed  to  us,  that  we  wish  to  oppose  the 
Government  in  its  plan  to  lease  the  public  lead  mines,  or  to  embarrass  any 
of  its  agents,  in  carrying  out  the  present  temporary  system  of  leasing.  The 
mode  and  manner  of  leasing,  the  conduct  of  the  superintendent,  and  all  oth- 
er matters  connected  with  the  agency,  adopted  to  carry  out  the  plan  of  the 
Government,  are  mere  subordinate  circumstances,  which  have  nothing  to  do 
with  the  great  interest  involved  in  the  question  of  the  disposal  of  these  lands, 
in  which  the  prosperity  of  so  many  thousands  of  our  citizens  is  so  directly 
concerned. 

The  next  consideration,  then,  is,  as  to  the  mode  of  securing  to  the  citizens 
interested  (settler  and  miner)  their  just  rights,  which  will  be  properly  dis- 
posed of  by  the  third  proposition  of  the  resolutions,  viz  : 

"  What  legislative  provisions  are  required  (if  any)  to  secure  the  miner 
and  farmer  their  just  and  equitable  right  to  any  such  reserved  lands,  should 
a  sale  thereof  take  place?" 

After  the  best  consideration  which  the  committee  have  been  enabled  to 
give  to  this  subject,  we  are  of  opinion  that,  although  the  President  is  author- 
ized to  sell  the  lead  mine  lands  in  Iowa,  Wisconsin,  and  the  northern  part 
of  Illinois,  without  any  further  -legislation  —  that  all  parties  may  at  once  ob- 
tain their  rights,  without  years  of  delay,  and  that  the  President  can  bring  all 
the  reservations  into  market,  whenever  the  moneyed  resources  of  the  citizens 
will  enable  them  to  purchase,  we  would  recommend  the  substance  of  a  bill 
•which  was  forwarded  by  the  Commissioner  of  the  General  Land  Office  to 
the  Secretary  of  the  Treasury,  on  the  30th  April,  1838,  and  by  him  transmit- 
ted to  Congress,  with  a  modification  of  the  proviso  in  the  3d  section  thereof, 
in  lieu  of  which,  nearly  all  of  Mr.  Howard's  bill  (April  1st,  1842)  is  recom- 
mended. Such  portion  of  said  bill  is  hereunto  appended. 

All  which  is  respectfully  submitted. 


iA  BILL  to  authorize  the  sale  of  certain  mineral  lands,  and  to  protect  the  just  and  equitable 
rights  of  miners  therein,  and  for  other  purposes. 

Sec.  1.  Be  it  enacted,  That  the  President  of  the  United  States  shall  be 
authorized  to  sell  the  public  lands  containing  lead  mineral,  in  the  State  of 
Illinois,  and  Territories  of  Wisconsin  and  Iowa,  at  public  sale,  in  the  manner 
prescribed  by  law  for  the  sale  of  other  public  lands  of  the  United  States :  Pro- 
vided, That  all  such  lands,  when  offered,  shall  be  sold  in  tracts  not  exceed- 
ing ten  acres,  and  for  a  price  not  less  than per  acre. 

Sec.  2.  That  a  patent  issued  for  land  sold  in  pursuance  of  the  first  section 
of  this  act,  shall  vest  in  the  purchaser  thereof  the  fee  of  the  land,  subject  to 
all  just  and  equitable  claim  or  claims  of  any  and  every  person  or  persons,  to 
a  mining  lot,  mine,  discovery,  or  digging,  which  such  person  or  persons  may 
own  thereon  at  the  day  of  such  sale  ;  and  such  owner  or  owners,  on  paying1 
to  such  purchasers  a  pro  rata  proportion  of  the  purchase  money,  with  the  ad- 
dition of per  cent,  thereto,  shall  be  entitled  to  receive  a  conveyance  of 

portion  of  saidj>urchase  as  will  include  and  secure  to  such  person  or 

*  "• 


19  [  331  1 

persons  the  title  to  his  just  claim  ;  and  if  said  purchaser  shall  refuse  to  make 
such -conveyance,  the  claimant  or  claimants  may  prosecute  any  such  claim  in 
any  court  of  record  in  said  State  or  Territories,  which  shall  hereby  have  juris- 
diction to  hear  and  determine  such  matter,  and  whose  order  or  decree  in  favor 
any  such  claimant  shall  vest  in  him  a  good  and  perfect  title  to  any  such 
mining  lot :  Provided,  That  all  suits  to  be  brought  under  the  provisions  of 
this  section  shall  be  commenced  within  one  year  from  the  close  of  the  pub- 
lic sale :  and  in  case  of  the  absence  of  any  such  -purchaser  out  of  the  State 
or  district  in  which  the  land  may  lie,  so  that  a  tender  of  the  pro  rata  propor- 
tion of  the  purchase  money  can  not  be  personally  made,  or  that  personal 
notice  can  not  be  given  of  the  pendency  of  the  judicial  proceedings,  the 
money  may  be  deposited  wifh  the  clerk  of  the  proper  court,  and  notice  may 
be  given  of  the  pendency  of  the  suit  and  nature  of  the  claim,  by  publica- 
tion, under  the  seal  of  the  court,- in  any  newspaper  of  general  circulation  in 
said  State  or  Territory,  for  the  period  of  twenty-four  consecutive  weeks, 
which  shall  be  deemed  equivalent  to  personal  notice,  but  no  further  proceed- 
ing shall  be  had  until  the  full  period  given  for  publication  of  notice  shall 
have  expired  ;  and  in  case  a  personal  tender  of  the  money,  and  demand  of 
conveyance,  shall  not  have  been  made  before  the  commencement  of  such 
proceeding,  the  claimant  shall  not  recover  costs,  but  shall  pay  all  costs,  unless 
in  the  opinion  of  the  court,  on  account  of  an  unconscientious  defence,  vex- 
atiously  prolonged,  it  shall  be  deemed  equitable  to  require  the  defendant  to  pay 
costs,  in  which  cases  the  court  may  direct  the  taxation  of  costs,  as,  in  its 
opinion,  the  principles  of  equity  may  require.  And  it  is  hereby  declared  that 
the  mining  lot  contemplated  and  understood  by  this  act,  is  a  tract  of  land 
not  exceeding  two  hundred  yards  square,  bounded  by  right  lines  running  to 
the  four  cardinal  points  of  the  compass,  as  prescribed  by  the  regulations  here- 
tofore adopted  for  leasing  the  lead  mines. 

Sec.  3.  That  all  entries  of  reserved  or  reported  lead  mines,  diggings,  or 
discoveries,  made  or  known  prior  to  the  sale,  which  have  been  permitted  at 
the  land  office  for  the  district  of  lands  subject  to  sale  at  Mineral  Point,  in  the 
Territory  of  Wisconsin,  shall  be  patented,  and  the  patent  shall  vest  a  title  in 
all  respects  similar  to  the  titles  provided  for  by  the  first  and  second  sections  of 
this  act;  and  suits  and  proceedings  may  be  instituted  under  this  section, and 
shall  be  conducted  in  the  manner  provided  for  in  the  second  section,  except 

that  they  shall  be  brought  within  eighteen  months  from ,  and  not 

after :  Provided,  That  if,  in  the  opinion  of  the  President,  any  such  entry 
shall  have  been  procured  by  unfairness,  fraud,  connivance  with  the  district 
officers,  or  by  false  testimony,  the  patent  shall  not  be  issued  thereon ;  in  all 
such  cases  it  shall  be  the  duty  of  the  attorney  of  the  United  States  for  the 
judicial  district  or  Territory  where  such  purchase  was  made,  on  his  own 
knowledge,  or  on  probable  cause  being  shown  him  by  any  other  person,  to 
file  a  petition  in  the  circuit  court  of  the  United  States  for  such  district,  or  in. 
the  supreme  court  of  such  Territory,  as  the  case  may  be,  containing  a  state- 
ment of  all  the  facts  in  such  case,  and  praying  the  court  to  declare  such 
purchase,  sale,  entry,  or  grant,  void. 

Sec.  4.  That  the  court  shall  cause  notice  to  be  given  to  the  person  in  whose 
name  the  entry  shall  have  been  made,  his  heirs  or  assigns,  of  the  time  and 
place  of  hearing  said  petition,  and  shall  make  such  rules  regulating  the  mode 
of  proceeding  therein  as  may  be  necessary :  and  if  the  said  person,  his  heirs 
or  assigns,  do  not  reside  in  such  district  or  Territory,  and  if  his  or  their  resi- 
,dence  is  unknown,  the  said  notice  shall  be  published  for  twelve  weeks  succes- 


[  331  ]  20 

sively  previous  to  the  time  appointed  for  the  hearing,  in  such  newspaper  in? 
the  proper  district  or  Territory  as  the  court  may  direct;  and  if  such  person, 
his  heirs  or  assigns,  shall  not  appear  and  answer  such  petition  within  the  'time 
prescribed  by  the  court,  the  court  shall  have  power  to  enter  a  decree  that  the 
same  shall  be  taken  as  confessed  :  Provided,  That  in  case  the  respondent  is 
a*non-resident,  or  where  his  residence  is  not  known,  such  decree  shall  not 
be  entered  until  after  such  publication. 

Sec.  5.  That  the  court  shall  have  full  power  to  hear  and  determine  such  pe- 
tition, to  issue  process,  and  to  make  orders  and  decrees  therein,  according  to 
the  practice  of  courts  of  equity :  and  the  said  court  shall  cause  its  decisions 
to  be  transmitted,  within  twenty  days  after  the  same  are  given,  to  the  Secre- 
tary of  the  Treasury  ;  and  if  it  shall  be  made  to  appear,  to  the  satisfaction  of 
said  court,  that  sales  have  been  made  in  either  of  the  cases  enumerated  in  the 
third  section  of  this  act,  such  sale,  entry,  or  grant,  shall  be  considered  void  r 
and  the  patent,  if  issued,  be  held  to  be  for  ever  vacated  and  of  no  effect,  and 
the  tract  or  mine  shall  be  disposed  of  according  to  law. 

Sec.  6.  That  the  proceedings  authorized  and  required  by  this  act  may,  in 
either  of  said  Territories,  be  instituted  in  any  court  of  record  for  the  county 
in  which  the  premises  or  any  part  thereof  are  situate ;  and  such  court  shall 
be,  and  hereby  is,  authorized  and  empowered  to  hear  and  determine  the 
same,  but  that  its  final  judgment,  order,  or  decree  therein,  shall  be  subject  to 
an  appeal,  by  either  the  United  States  or  the  opposite  party,  to  the  supreme 
court  of  the  Territory,  whose  decision  therein  shall  be  final,  and  shall  be 
transmitted  to  the  Secretary  of  the  Treasury  aforesaid  :  Provided,  That  such 
appeal  shall  not  be  taken  or  allowed  after  six  months  from  the  making  and 
entering  of  such  final  decree  in  the  inferior  court :  And  provided  further, 
That  such  shall  exercise  the  original  jurisdiction  hereby  granted  only  in  and 
for  the  counties  in  which  its  regular  sittings  are  or  may  be  held,  and  shall 
have  power  to  prescribe  such  rules  as  may  be  necessary  for  perfecting  such 
appeal  and  attaining  a  speedy  and  final  determination  in  each  case. 

Sec.  7.  That  if  it  shall  hereafter  be  ascertained  that  any  lands  do  not  con- 
tain mineral,  which  may  have  been,  or  may  be  hereafter,  reserved  from  sale  in- 
consequence of  information  that  they  contained  mineral,  it  shall  be  lawful 
for  the  President  to  proclaim  and  sell  the  same  in  the  same  manner  as  is  pro- 
vided by  law  for  the  sale  of  other  public  lands. 

Sec.  8.  That  if  lead  mines  shall  be  discovered  hereafter  on  any  land  now 
in  market,  prior  to  the  entry  thereof,  it  shall  be  the  duty  of  the  President  to 
reserve  the  same  for  sale,  under  the  provision  of  general  laws,  and  to  proclaim 
and  sell  them  in  the  manner  provided  for  by  the  first  and  second  sections  of 
this  act ;  and  all  lands  which  may  be  offered  at  public  sale  agreeably  to  the 
provisions  of  this  act,  and  which  may  remain  unsold  at  the  close  of  such 
public  sale,  shall  be  liable  to  entry  at  private  sale,  at  the  minimum  price  of 
dollars  per  acre,  and  shall  be  disposed  of  in  no  other  manner. 

After  the  reading  of  the  report,  it  was,  on  motion,  accepted,  and  the  com- 
mittee discharged,  and  the  bill  by  them  recommended,  on  being  amended, 
on  motion  by  Mr.  Spragins,  that  lots  not  exceeding  ten  acres  in  equal' sub- 
divisions, should  be  sold,  was  then  adopted. 
On  motion,  it  was 

Resolved,  That  a  copy  of  the  above  report,  with  the  proposed  bill,  be  for- 
"warded  to  the  President  of  the  United  States,  the  Secretary  of  the  Treasury, 
the  Senators  and  Representatives  in  Congress  from  Illinois  and  Missouri,  and 
the  Delegates  from  Wisconsin  and  Iowa  Territories. 


21  [  331  ] 

On  motion  of  James  Craig,  Esq.,  it  was 

Resolved,  That  as  there  is,  in  all  mining  countries,  more  or  less  lands  that 
do  not  contain  lead  ore  sufficient  to  justify  the  working  of  it  as  mineral  lands, 
it  should  be  separated  from  the  mining  or  mineral  lands,  and  be  disposed  of 
by  the  Government  for  smelting  or  farming  purposes. 

On  motion,  it  was 

Resolved,  That  the  proceedings  of  this  meeting  be  signed  by  the  chair- 
man and  secretaries,  and  be  published  in  all  the  papers  in  the  mining  region. 
On  motion,  adjourned. 

JOHN  TURNEY,  Chairman. 
GEO.  W.  HARRISON, 
NELSON  STILLMAN, 


27th  CONGRESS,  [SENATE.]  [  331  J 

2d  Session. 


Additional  documents  relating  to  the  disposition  of  the  mineral  lands  in  the 
•   State  of  Illinois,  and  Territories  of  Iowa  and  Wisconsin. 


JUNE  24,  1842. 

Referred  to  the  Committee  on  Public  Lands;   and  motion  to  print  referred  to  the  Com* 

mittee  on  Printing. 

JUNE  25,  1842. 
Ordered  to  be  printed  in  connexion  with  document  No.  331. 


POTOSI,  Grant  County,  Wisconsin  Territory. 

DEAR  SIR  :  The  undersigned,  president  and  trustees  of  the  town  of  Potosi,. 
having  taken  cognizance  of  a  communication  addressed  by  yourself  to  the 
honorable  the  ex-mayor,  and  others,  citizens  of  Galena,  Illinois,  bearing  date 
March  30,  1842,  in  which  we  find  the  following  clause,  "I  am  very  anxious 
to  know  whether  it  is  the  wish  of  the  people,  residing  in  the  lead  mines,  that 
the  reserved  mineral  lands  should  be  sold  or  not,"  and  others  fraught  with 
deep  interest  to  the  community  of  which  our  town  forms  a  nucleus  ;  and  pre- 
mising farther,  that,  from  the  general  tenor  of  that  letter,  the  miners  in  Illi- 
nois and  Wisconsin  may  expect  in  you  a  zealous  advocate  in  their  behalf, 
beg  leave,  most  respectfully,  to  submit  to  your  consideration,  the  following 
paragraphs. 

We,  as  citizens  of  Wisconsin,  have  no  hesitation  in  giving  to  you  as  our 
candid  opinion,  that  it  is  the  universal  desire  of  the  people  of  the  mining  re- 
gion, that  the  mineral  lands  be  brought  into  market  and  sold,  always  regard- 
ing the  rights  and  interest  of  the  owners  and  occupants.  Having  resided  in  the 
mines  since  the  year  1827,  it  is  reasonable  to  suppose  that  we  are  well  acquaint- 
ed, both  with  the  situation  and  wants  of  the  country ;  and  in  corroboration  of 
our  opinion,  we  would  beg  leave  to  call  your  attention  to  the  several  memo- 
rials of  the  Legislature  of  Wisconsin  to  Congress  upon  the  same  subject. 

And  another  reason  we  have,  why  the  mineral  lands  should  be  sold,  is 
the  uncertain  tenure  of  our  titles.  It  seems  that  by  the  recent  instructions  of 
Colonel  Talcot  to  Mr.  Flanagan,  the  United  States  agent  for  the  lead  mines, 
that  it  is  the  intention  of  the  Government  to  reassert  their  jurisdiction  over  the 
mines.  We  had  hoped,  that  that  day  had  passed.  We  believed  that  the 
General  Government  never  again  intended  to  exercise  jurisdiction  over  us,, 
inasmuch  as  we  have  been  left  to  ourselves  since  the  year  1835.  Mineral 
lots  since  then  have  been  viewed  as  property,  and  so  regarded  by  all  classes- 
of  the  community, bought  and  sold  as  such,  and  thousands  of  dollars  expend- 
ed in  building  on  the  same,  under  the  fond  hope  of  getting  a  pre-emption  to 
their  mineral  lands.  As  to  the  mining  occupation,  we  feel  free  to  say,  that 
we  do  not  believe  that  more  than  one  third  of  those  engaged  in  mining  make 
a  living  by  their  business.  As  it  regards  the  agent  and  his  authority,  we  do 
not  believe  he  can  enforce  it, — at  all  events,  we  are  quite  sure  his  authority 
will  be  resisted.  Our  delegate,  General  Dodge,  understands  well  the  situa- 
tion of  the  mines,  and  we  have  no  doubt  would  most  cheerfully  co-operate 
with  you,  and  our  esteemed  friend,  honorable  S.  McRoberts,  in  furthering 


[  331  ]  24 

. 

every  measure  that  will  have  a  tendency  to  advance  the  interest  of  the 
miners.  Any  attention  shown  by  you  to  the  interests  of  the  miners  will  be 
acknowledged  by  this  community. 

We  are  with  great  respect,  your  friends  and  very  obedient  servant, 

GEORGE  MADINA,  President. 
JAMES  F.  CHAPMAN,      ^ 
.      BRATON  BUSHEE,  I  ™ 

JOSEPH  WOOLLY,  f  Trustee* 

ROBERT  TEMPLETONJ 

P.  S.  It  was  my  intention  to  have  written  to  General  Dodge  upon  the 
same  subject,  but  an  unexpected  call  prevents  me  from  so  doing.  You  will 
therefore,  do  me  a  great  kindness  by  letting  him  see  this. 

I  am,  very  respectfully,  your  obedient  servant, 

GEORGE  MADINA. 

Hon.  R.  M.  YOUNG,  Senator  fyc.,  W.  C. 


MINERS'  MEETING. 

At  a  large  and  respectable  meeting  of  the  citizens  of  Fairplay  and  vicin- 
ity, held  May  3 1st,  pursuant  to  public  notice.  Captain  Charles  Hood  was 
called  to  the  chair,  Gilbert  Winans  chosen  secretary,  and  Charles  Whipple, 
Charles  Potts,  Mr.  Pomeroy,  Mr.  Crawford,  and  Mr.  Breed,  were  appointed 
a  committee  to  draught  resolutions  expressive  of  the  sense  of  the  meeting. 

The  committee  reported  the  following  preamble  and  resolutions,  which 
were  adopted  by  the  meeting  : 

Whereas,  the  War  Department  have,  through  their  agent,  Mr.  Flanagan, 
declared  their  determination  to  revoke  all  entries  of  mineral  lands,  which 
have  been  made  contrary  to  the  instructions  of  the  Commissioners  of  the 
General  Land  Office  ;  and  whereas,  large  portions  of  land,  reserved  by  Gov- 
ernment from  sale  as  mineral  lands,  have  been  entered,  and  other  Govern- 
ment lands  on  which  mineral  had  been  discovered,  and  on  which  "  lodes" 
were  being  worked,  and  which  did,  according  to  law,  constitute  such  lands 
as  reserved  lands,  have  also  been  entered  contrary  to  law  and  the  interest 
of  the  miner  working  such  land  ;  and  whereas,  it  is  the  wish  of  the  Gov- 
ernment to  receive,  through  their  agent  at  Galena,  the  opinions  of  the  mi- 
ners respecting  such  entries ;  therefore — 

Resolved,  That  all  entries  of  reserved  mineral  lands  should  be  revoked. 

Resolved,  That  purchasers  of  such  lands  have  the  right  of  claiming  their 
purchase  money  of  the  Government,  with  six  percent,  interest  added  ;  and, 
also,  the  Government  has  the  right  of  claiming  of  such  purchasers  the 
amount  of  mineral  rent  received  by  them  from  the  miner,  after  deducting 
the  Government  rent  of  six  per  cent. 

Resolved,  That  it  is  not  for  the  interest  of  the  digger  to  have  the  vacant 
or  reserved  mineral  lands  leased  in  lots  two  hundred  yards  square,  but  in 
ranges,  according  to  the  customs,  rules,  and  regulations  in  the  dfferent  dig- 
gings. 

Resolved,  That  all  entries  of  lands  which  were  not  returned  as  mineral 
lands,  but  on  which  mineral  had  been  discovered  before  entry,  and  known 
to  be  such,  should  be  revoked. 


25          ;,  [331] 

Resolved^  That  all  entries  of  lands  which  were  not  reserved,  and  on 
which  there  had  been  no  mineral  discovered  at  the  time  of  the  entry,  and 
which  were  not  adjoining  reserved  lands,  should  not  be  revoked. 

Resolved,  That  there  should  be  a  due  respect  paid  to  fanners'  rights. 

Resolved,  That  we  cordially  approve  of  the  measures  taken  by  the  War 
Department  for  the  final  settlement  of  the  difficulties  existing  in  the  mines. 

Resolved,  That  the  proceedings  of  this  meeting  be  signed  by  the  chair- 
man and  secretary,  and  published. 

CHARLES  HOOD,  Chairman, 

R.  G.  WINANS,  Secretary. 


PUBLIC  MEETING  AT  DUBUQUE. 

A  large  meeting  of  the  citizens  and  miners  of  Dubuque  and  its  vicinity, 
was  held,  agreeably  to  previous  notice,  at  the  courthouse  in  this  town,  on 
Thursday,  June  2d,  to  obtain  the  sense  of  the  people  in  regard  to  the  late 
action  of  the  Government,  relative  to  the  mineral  lands  of  this  region ;  and 
the  meeting  having  been  called  to  order,  Mr.  S.  Hempstead  was  chosen 
president,  Messrs.  J.  Wharton  and  A.  Loire,  Vice  and  2d  Vice  Presidents, 
and  A.  L.  Brown,  secretary. 

Mr.  Hempstead  having  fully  explained  the  object  of  the  meeting,  it  was 
addressed  by  Messrs.  Lorrimier,  Collins,  James  Wilson,  and  Quigley  ;  after 
which,  Mr.  Collins  proposed  the  following  resolution;  which  was  adopted 
by  a  large  majority  : 

Resolved,  That  this  meeting  approves  of  the  course  of  the  Government, 
as  set  forth  in  the  late  instructions  of  the  Secretary  of  War,  respecting  the 
leasing  of  the  mineral  lands. 

Mr.  Foley  offered  an  amendment  to  this  resolution,  requiring  that  a  com- 
mittee of  three  be  chosen  from  three  different  townships  of  the  mineral 
lands  in  Dubuque  county,  to  meet  the  delegates  from  Galena,  which  was 
rejected. 

On  motion  of  Mr.  Collins,  it  was 

Resolved,  That  a  report  of  these  proceedings  be  published  in  the  Miners' 
Express  and  Galena  Gazette ;  and  that  the  meeting  now  adjourn. 

S.  HEMPSTEAD,  President, 
J.  WHARTON,  1st  V.  President, 
A.  LOIRE,  2d  Vice  President. 

ALFRED  L.  BROWN,  Secretary. 


GALENA,  June  9,  1842. 

DEAR  SIR  :  You  will  receive  the  printed  proceedings  of  our  settlers' 
meeting  here,  which  you  will  be  so  good  as  to  show  to  Mr.  McRoberts,  as 
likewise  to  the  members  in  the  House.  I  likewise  enclose  you  a  copy  of  a 
printed  memorial,  which  has  emanated,  as  it  is  understood  here  (upon  good 
authority),  from  the  agent's  office.  The  object  is  to  keep  up  the  present 
system  of  leasing,  and  have  commissioners  appointed  to  examine  into  con- 
flicting claims  between  miners  and  settlers,  arid  ascertain  what  are  farming 


[331]  26 

lands,  and  what  are  mineral  lands.  To  carry  out  such  a  plan  would  be 
impracticable,  and  keep  the  whole  mining  country  in  a  state  of  perturbation, 
producing  quarrels,  litigation,  and  possibly  bloodshed.  The  direct  tendency 
(and  which  is,  probably,  the  motive  which  impelled  it  on  the  part  of  the 
authors  of  the  memorial)  is  to  give  employment  to  agents  and  commission- 
ers here  for  years  to  come,  without  benefit  to  the  Government,  and  a  great 
injuiy  to  the  people.  All  this  will  be  put  an  end  to  by  the  immediate  dis- 
posal of  the  mineral  lands,  which. has  been  the  ardent  desire  of  the  Gov- 
ernment for  many  years  past ;  and  it  is  to  be  hoped  that  the  bill  proposed 
will  remedy  all  the  evils  as  to  a  monopoly,  apprehended  by  miners,  and 
enable  them  to  have  fraudulent  and  illegal  entries  set  aside. 
I  am,  very  truly,  yours,  &c. 

CHARLES  S.  HEMPSTEAD.    , 
Hon.  R.  M.  YOUNG, 

Washington. 


To  the   honorable   Senate  and  House  of  Representatives  of  the   United 
Slates  of  America,  in  Congress  assembled : 

The  undersigned,  miners  and  citizens  of  Wisconsin  Territory,  and  of 
the  State  of  Illinois,  respectfully  represent : 

That  the  proclamation  of  the  President  of  the  United  States  of  America, 
issued  on  the  4th  day  of  July,  A.  D.,  1834,  authorizing  the  sale  of  public 
lands  at  Mineral  Point,  provided  as  follows :  "  All  tracts  of  land  on  which 
lead  mines  or  diggings  are  indicated  to  exist  by  the  official  plats  of  survey, 
together  with  such  other  tracts  as  from  satisfactory  evidence,  to  be  adduced 
to  the  register  of  the  land  office  prior  to  the  date  of  sale,  shall  be  shown  to  con- 
tain lead  mines,  will  be  excluded  from  sale ;"  by  which  reservation  the  un- 
dersigned, and  the  public  generally,  deemed  the  mineral  lands  fully  pro- 
tected. 

That  the  land  officers  at  Mineral  Point,  authorized  by  that  proclamation 
to  hold  such  public  sale,  deviated  from  the  instructions  conveyed  in  that 
proclamation,  and  have  permitted  lands  reserved  by  said  proclamation,  and 
lands  which  have  not  been  unreservedly  offered  at  public  sale,  but  which 
in  fact  were  proclaimed  for  such  sale  by  the  crier  of  the  said  land  officers, 
declaring  at  the  time  that  no  bids  would  be  received  for  the  same,  to  be 
entered  at  private  sale,  provided  the  person  applying  to  make  such  entry, 
or  some  one  for  him,  would  swear  that  the  land  sought  to  be  entered  con- 
tained no  discoveries  of  mineral  or  lead  ore  worth  working,  and  was  not 
occupied  by  a  smelter ;  thereby  not  only  deviating  from  the  instructions  of 
the  President,  but  also  violating  the  law  which  requires  land  to  be  offered 
at  public  sale  before  it  can  become  subject  to  private  entry.  In  consequence 
of  which,  many  tracts  of  land,  notoriously  known  to  be  rich  and  valuable 
mineral  lands,  and  known  for  many  years  to  be  such  at  the  time  of  the 
entry,  and  in  some  cases  lands  long  before,  and  at  the  time  of  the  entry,  in 
the  actual  possession  of  licensed  miners  or  smelters,  have  been  entered  by 
evil-minded  persons,  who  have  falsely  made,  or  procured  others  falsely  to 
make,  the  oath  required  by  the  land  officers  ;  and,  also,  many  tracts  of  land, 
long  known  to  be  mineral  land,  and  which  were  offered  at  public  sale,  but 


27  [  331  ] 

for  which  the  land  officers  at  said  place  declared,  as  before  stated,  that  no 
bids  would  be  received,  have  since *been  entered  at  private  sale  without  any 
oath  being  required ;  and  for  the  lands  so  entered,  the  land  officers  have 
issued  certificates,  which  certificates  are,  by  a  law  of  the  Territory  of  Wis- 
consin, passed  at  Belraont,  December  9,  1836,  declared  "evidence  in  any 
court  in  this  Territory,  that  the  title  to  the  lands  mentioned  therein,  is  in 
the  person  or  persons  named  therein,  his,  her,  or  their  assigns  ;"  and  in  con- 
sequence of  these  entries,  several  persons,  who  have  falsely  made  the  oath 
required  by  the  land  officers,  have  been  indicted  for  perjury  in  the  United 
States  district  court  in  Iowa  county,  but  after  solemn  argument  thereon,  the 
said  court  decided  that  the  said  oath  was  not  authorized  by  law,  and  that 
falsely  taking  that  oath  did  not  constitute  perjury  under  the  laws  of  the 
Territory ;  since  which  decision  the  holders  of  those  certificates  procured  as 
aforesaid,  by  deception  and  false  swearing,  and  without  the  land  entered 
having  been  offered  at  public  sale  previous  to  said  entry,  otherwise  than  in 
manner  before  stated,  have,  under  the  Territorial  law  above  recited,  com- 
menced suits  at  law  and  in  equity  to  obtain  possession,  and  to  enjoin  miners 
and  lessees  of  the  United  States  from  working  the  mines,  thereby  deranging 
and  impeding  the  business  of  the  country,  empoverishing  the  people  by  sus- 
pending labor,  and  harassing  them  with  tedious  and  expensive  lawsuits. 

By  means  of  all  which  the  United  States  is  defrauded  of  lands  expressly 
reserved  from  sale ;  the  rights  of  miners  and  lessees  under  the  United  States 
are,  contrary  to  the  intention  of  the  Government,  invaded  and  trampled  upon ; 
honest  men  have  been  excluded  from  the  purchase  of  those  lands,  while  the 
dishonest  and  unscrupulous  have  been  permitted  to  enter  them  by  means  of 
a  false  oath  and  fraud,  and  thereby  to  wrest  from  the  miner  the  fruits  of 
years  of  labor — labor  performed  under  the  permission  and  sanction  of  the 
United  States  Government ;  the  sanctity  of  oaths  is  disregarded,  the  law  is 
ceasing  to  be  respected,  feuds  and  quarrels  arise,  and  your  petitioners  greatly 
fear  that  violence  must  be  inevitable  if  some  speedy  remedy  be  not  forthwith 
found. 

And  your  petitioners  further  state,  that  the  interests  of  the  Government  and 
the  miners  will  be  greatly  promoted  by  continuing  the  system  recently  adopt- 
ed by  the  department  having  charge  of  the  mineral  lands,  and  earnestly  re- 
monstrate, and  solemnly  protest,  against  any  legislation,  which  will  permit  a 
sale  of  the  mineral  lands,  until  the  foregoing  grievances  are  investigated  and 
redressed. 

And  your  petitioners  further  state,  that  large  and  extensive  discoveries  of 
mineral  have  been  recently  made,  and  in  the  confident  hope  of  protection 
from  the  Government,  there  is  now  a  much  larger  number  of  persons  en- 
gaged in  exploring  and  mining  than  at  any  former  period,  for  the  reason  that 
provisions  and  labor  are  low,  and  that  the  Government,  by  its  late  regula- 
tions, requires  but  six  per  cent,  as  rent,  while  the  speculators  and  intruders 
have  not  only  asked,  but  received,  on  the  average,  over  thirty  per  cent,  as 
rent,  since  1835  ;  and  that,  too,  in  many  cases,  when  the  mineral  was  taken 
from  the  lands  to  which  they  had  no  right  or  title  whatever,  thereby,  through 
management,  placing  themselves  between  the  miners  and  the  Government, 
in  direct  opposition  to,  and  in  violation  of,  the  rights  of  the  Government,  and; 
to  the  very  great  annoyance  of  the  miner. 

Now,  therefore,  believing  that  they  can  have  full  and  final  redress  from 
Congress,  they  pray  your  honorable  bodies  to  take  the  matter  into  your  most 
serious  consideration,  and  pass  a  law  creating  a  board  of  commissioners, 


{  331  ]  28 

which  shall  have  competent  authority  to  decide  all  these  important  matters 
in  dispute ,  and  also  to  authorize  them  to  select  the  farming  from  the,  min- 
eral lands,  in  order  that  the  farming  lands  may  be  sold,  without  interfering 
with  the  interest  of  any  one.,  and  will  thereby  greatly  promote,  the  general 
welfare  of  the  country. 

And  your  petitioners,  as  in  duty  bound,  will  ever  pray,  &c. 


MINERS'  PETITION,  FROM  VINEGAR  HILL,  JO  DAVIESS  COUNTY,  ILLINOIS. 

To  the  (Senate  and  House  of  Representatives  of  the  United  States  ef  Ameri- 
ca, in  Congress  assembled: 

We,  the  undersigned,  citizens  and  miners  of  the  United  States  lead  mines 
in  Illinois  and  Wisconsin,  having  reasons  recently  to  apprehend  that  our 
numerous  petitions  and  remonstrances  to  Congress  against  the  blindly  in- 
cited cupidity  and  avarice  of  the  land  speculators,  have  in  times  past  failed 
to  reach  the  knowledge  of  the  authorities  of  the  Government,  through  the. 
faithlessness  and  probable  self-interest  of  our  former  delegates  in  Congress, 
but  cheered  from  late  demonstrations  of  returning  justice,  and  under  the 
lively  emotions  of  gratitude  in  the  prospect  of  reclaiming  our  just  rights 
and  consequent  returning  of  peace  and  tranquillity  to  our  otherwise  happy 
land,  we  deem  it  our  duty,  as  well  as  our  right,  to  present  in  this  form  the 
collected  wish  of  a  portion  of  the  citizens  and  miners  of  Wisconsin  and  Il- 
linois as  to  a  future  disposition  of  the  Government  lead  mines ;  the  senti- 
ments and  wishes  of  whom  will  be  found  contained  in  the  accompanying 
resolutions,  passed  at  numerously  attended  public  meetings  held  at  Platte- 
ville,  Jamestown  (Menominie  diggings),  and  at  Coon  Branch,  Iowa  county, 
Wisconsin  Territory. 

In  the  adoption  of  some  prompt  and  efficient  measure  to  restore  justice  to 
the  .miners  and  tranquillity  to  the  country,  your  petitioners  would  recom- 
mend to  the  favorable  consideration  of  the  department  the  plan  proposed 
by  the  present  superintendent,  viz:  the  appointment  of  commissioners  to 
•decide  on  such  lands  as  shall  be  retained  for  mining  purposes. 

Noah  Wallis,  Michael  Keverick, 

John  Parkinson,  P.  Maher, 

James  Francis,  F.  Parish, 

Caleb  D.  Bellvilt,  Harvey  Cadwell, 

Jacob  Doxy,  George  C.  Shattuck, 

Maurice  O.  Bringen,  Nelson  Shattuck, 

John  Mahony,  Anthony  Kelley, 

James  Tebay,  James  Donner, 

John  Dunn,  Jackson  Sublet, 

William  Gadd,  Basil  Wells, 

John  B.  Williams,  J.  H.  Kurtz, 

John  Cawley,  S.  H.  Titus, 

P.  C.  Gaytty,  Morgan  Fraser, 

Alexander  Crawford,  A.  W.  Ballard, 

Philip  Byrne,  Henry  Ballard, 

James  Feehan,  William  Thomas, 

Thomas  Feehan,  Gilbert  Hoskins, 


29 

\ 

Henry  T.  Rice, 

Oliver  A.  Robinson, 

James  F.  Campbell, 

John  B.  F.  Mitchell, 

S.  V.  Horton, 

Charles  Hoskins, 

Lewis  Lemasters, 

H.  S.  Rice, 

William  Owens,  his  x  mark 

John  D.  Londrigan, 

James  O'Neill, 

Francis  O'Neill, 

Lawrence  Londrigan, 

Andrew  M.  Weeny, 

Philip  Danuhoe, 

Patrick  Ryan, 

Cornelius  Lyons, 

Timothy  Lyons, 

Hugh  Vaughan, 

C.  J.  Cumings, 

William  Titus,  jr., 

William  Chappel, 

John  Furlong, 

Richard  Cox, 

Lucius  Vandiver, 

F.  S.  Shook, 

F.  Sidner, 

F.  B.  Sidner, 

Lawrence  Phelan, 

William  Deace, 

Michal  Mullin, 

Bernard  Beggins, 

John  Cox, 

R.  M.  Dowling, 

William  F.  Flanitro, 

E.  Dowlin, 

J.  L.  Hosack, 

Joseph  Gray, 

George  G.  Strong, 

[Illegible.] 

Henry  Herrmann, 

Frederick  Herrmann, 

James  M.  Day, 

Henay  Gray, 


[331  ] 

B.  F.  Smead, 

William  C.  Smead, 

Thomas  Gray, 

Peter  Sixbes, 

Philip  Trebittin, 

William  Temby, 

Henry  Branton, 

Henry  Goard, 

Robert  Anson, 

P.  Hogan. 

Andrew  Kearny, 

Thomas  Richards, 

James  Toley, 

John  Rowej 

Albert  Deming, 

John  Barber, 

H.  G.  Reppy, 

Peter  Brown, 

Adam  Hetzler, 

James  McCarrick, 

Patrick  McDermott,  his  x  mark 

William  Q,uinn, 

Orson  P.  Rogers, 

S.  Owens, 

Daniel  Rees, 

James  Abbott,  his  x  mark 

Patrick  McAnally, 

James  Horen, 

Mojris  Kennedy, 

Dennis  Murphy, 

Joseph  Hocking, 

Terence  Brien, 

Edward  Delay, 

Andrew  Hinchey, 

Edward  Cummin, 

John  Bararden, 

William  S.  Glass, 

John  Maher, 

Thomas  Carroll, 

Daniel  Stinger, 

William  H.  Crawford, 

James  Vandiver, 

Daniel  Wamamaugher. 


[  331  ]  30 

GALENA,  ILLINOIS,  June  11,  1842. 

SIR:  I  have  been  requested  by  the  miners  of  Jo  Daviess  county,  Illinois, 
and  adjacent  counties  of  Iowa  and  Grant,  Wiskonsin  Territory,  to  forward 
to  you  the  proceedings  of  sundry  meetings  held  upon  the  subject  of  the 
mineral  lands.  Also,  a  petition  on  the  same  subject.  Similar  petitions, 
numerously  signed,  are  being  forwarded  to  the  Hon.  Secretary  of  War,  and 
to  Congress. 

The  petitions  and  proceedings  of  the  several  meetings  fully  express  the 
sentiments  of  the  actual  miners  of  the  country.  The  miners  are  almost 
unanimously  in  favor  of  the  Government  retaining  the  mineral  lands  ;  at 
least  for  the  present. 

It  is  expected  by  the  miners,  that  you,  as  a  friend  of  the  working  men, 
will  give  the  subject  your  atteniion,  and  present  their  petition  to  the  Hon. 
the  Senate  of  the  United  States,  and  use  your  utmost  exertions  to  have 
their  views  carried  into  effect. 

There  appears  an  inconsistency  in  the  proceedings  of  some  of  the  meet- 
ings, in  recommending  the  appointment  of  commissioners  to  investigate  the 
fraudulent  entries,  and  to  select  the  mineral  grounds  from  the  fanning,  and 
at  the  same  time  recommending  "  Howard's  bill."  They  say  they  did  not 
intend  to  recommend  the  details  of  that  bill,  but  approved  of  the  same,  in- 
asmuch as  it  proposed  an  investigation  of  the  fraudulent  entries.  They 
would  prefer  the  appointment  of  a  board  of  commissioners,  as,  in  case  it  was 
thrown  into  the  court,  it  would  subject  them  to  great  expense  and  loss  of 
time,  which  they  feel  themselves  unable  to  incur.  Besides,  commissioners 
•could  investigate  and  settle  the  matter  in  the  immediate  neighborhood  of 
the  several  townships  in  which  such  entries  have  been  made. 

I  am,  very  respectfully,  your  obedient  servant, 

W.  B.  GREEN. 

Hon.  R.  M.  YOUNG. 


NOTICE  TO  MINERS. 

The  superintendent  of  the  United  States  lead  mines  will  attend  at  the 
following  places  to  receive  applications  for  leases  of  the  lead  mines : 

At  Platteville,  on  the  2d  Monday  in  June,  at  the  hotel  of  Dr.  Bevans. 

At  Mineral  Point,  on  the  3d  Monday  in  June,  at  the  hotel  of  Mr.  Lathrop. 

At  Potosi,  on  the  4th  Monday  in  June,  at  the  counting-room  of  Mr. 
.McKenzie. 

At  Dubuque,  on  the  2d  Monday  in  July,  at  the  hotel  of  Mr.  Fanning. 

At  Elizabeth,  on  the  3d  Monday  in  July. 

Applicants  for  leases  must  furnish  a  full  and  accurate  description  of  the 
lots  or  parcels  of  land  applied  for. 

JOHN  FLANAGAN. 
Superintendent  U.  £  Lead  Mines. 

SUPERINTENDENT'S  OFFICE,  May  18,  1842. 

GALENA,  ILLINOIS,  June  10,  1842. 

SIR  :  I  am  desired  by  the  miners  and  working  men  of  this  region  to  for- 
ward to  you  their  memorial,  petition,  and  newspaper  containing  the  pro- 


31  [  331  ] 

ceedings  of  their  meetings,  and  to  solicit  your  attention  to  the  subjects  con- 
tained therein ,  by  presenting  the  same  to  the  Senate  of  the  United  States 
for  its  consideration  during  the  present  session. 

There  are  many  other  petitions  and  memorials  now  being  circulated 
throughout  the  entire  mineral  country,  which  receive  the  approbation  of 
almost  every  real  miner  and  working  man. 

Hoping  there  may  be  no  final  decision  upon  this  very  interesting  sub- 
ject until  the  remainder  of  those  memorials  are  received, 

I  am,  with  high  regard,  your  obedient  servant,  • 

W.  CUNNINGHAM. 

Hon.  O.  H.  SMITH, 

Chairman  of  the  Committee  on  Public  Lands,  Senate  U.  & 


MEMORIAL  OF  THE  CITIZENS  AND  MINERS  OF  ILLINOIS  AND  WISCONSIN. 

To  the  Honorable  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled: 

We,  the  undersigned,  citizens,  and  miners  of  the  United  States  lead  mines 
in  Illinois  and  Wisconsin,  having  reasons  to  apprehend  that  our  numerous 
petitions  and  remonstrances  to  Congress,  against  the  blindly-incited  cupidity 
and  avarice  of  the  land  speculator,  have  in  times  past  failed  to  .reach  the 
knowledge  of  the  authorities  of  the  Government,  through  the  faithlessness, 
and  probable  self-interest,  or  our  former  delegates  to  Congress;  but  cheered 
from  late  demonstrations  of  returning  justice,  and  under  the  lively  emotions 
of  gratitude  in  the  prospect  of  reclaiming  our  just  rights,  and  the  consequent 
return  of  peace  and  tranquillity  to  our  otherwise  happy  land,  we  deem  it  our 
duty,  as  well  as  right,  to  present  in  this  form  the  collected  wish  of  a  portion 
of  the  citizens  and  miners  of  Illinois  and  Wisconsin,  as  to  a  future  disposi- 
tion of  the  Government  lead  mines,  the  sentiments  and  wishes  of  whom  will 
be  found  contained  in  the  accompanying  resolutions,  passed  at  numerously 
attended  public  meetings  held  at  Platteville,  Jamestown  (Menominie  Dig- 
gings), and  Coon  Branch,  Wisconsin  Territory. 

In  the  adoption  of  some  prompt  and  efficient  measures  to  restore  justice  to 
the  miners,  and  tranquillity  to  the  country,  your  petitioners  would  recom- 
mend to  the  favorable  consideration  of  the  Department,  the  plan  proposed  by 
the  present  superintendent,  viz.,  the  appointment  of  commissioners  to  decide 
on  such  lands  as  shall  be  retained  for  mining  purposes. 

Wm.  Richardson,  Hezekiah  Young, 

George  Rea,  William  Logre, 

Thomas  Rea,  John  Middaugh, 

Samuel  S.  Benedict,  Louis  Dernary,  $ 

Elijah  Earl,  Alexander  Ponket, 

Nathan  White,  Ontwine  Santning, 

Daniel  V.  Knowlton,  Lysander  Gilmore, 

Cyrus  Perry,  A.  H.  Gilman, 

Clark  Bliss-,  George  Arnot, 

Griffin  Hurlbut,  D.  C.  Stnalley, 

Joseph  Robbins,  John  Lewis, 

John  Curtis,  John  Powers, 


[331] 


32 


R.  M.  Bills, 
Thomas  Webb, 
L.  P.  Norburgh, 
John  Shossler, 
William  O'Niel, 
Richard  Kirrence, 
T.  M.  Kindriek, 
Henry  Wohlford, 
Philip  Wohlford, 
Chester  Wells, 
Miner  Bennett, 
John  McCullough, 

D.  G.  Spencer, 
Thomas  T.  Ford, 
W.  G.  Woods, 
Asa  Cole, 

Price  Kindreck, 
C.  S.  Woods, 
J.  Garrett, 
O.  S.  O'Daniel, 
A.  A.  Camp, 
Solomon  Craiglow, 
John  Grigsby, 
Wm.  J.  Frame, 
George  Byers, 
Wm.  Gilmore, 
A.  C.  Meredith, 

E.  B.  Lang, 
H.  C.  Grant, 
J.  M.  Grant, 
John  B.  Sargent, 
John  Kip, 

L.  W.  Paddock, 
Jas.  Ayers, 
G.  W.  Walters, 
E.  W.  Tinba, 
E.  Huling, 
W.  A.  Walters, 
Absalom  McCormack, 
J.  S.  Langdon, 
William  B  owner, 
William  Calby, 
Charles  Rose, 
James  Keith, 
Rowland  Langdon, 
Ezra  Cole, 
Samuel  Bulard, 


Wm.  B.  Taylor, 
Samuel  Woodard, 
William  Foard, 
Peter  W.  Fourt, 
William  Strong, 
Daniel  P.  Ford, 
Zacharial  Elkin, 
S.  A..  Hanks? 
John  M.  Beals, 
A.  G.  Garnish, 
Jacob  G.  Hansley, 
James  Eaton, 
J.  K.  Whitney, 
George  Wilson, 
James  Garrison, 
Henry  Wood, 
Wright  Greenwood,. 
A.  B.  Andrews, 
Allen  B.  Thomas, 
H.  B.  Patterson, 
C.  F.  Massey, 
David  Hastings, 

C.  S.  Greenman, 
J.  C.  Adams, 
Abram  Thornton, 
Wm.  Brandon, 
John  Cox, 

John  Mullin, 
Bernard  Croghan, 
William  Delany, 
John  Carlos, 
Theodore  Tillotson, 
Wm.  Morris, 
E.  Robison, 

D.  C.  Robison. 
A.  G.  Seely, 
John  C.  Bowmer, 
T.  C.  Sterrett, 

A.  P.  Benton, 
Lewis  S.  Reynolds, 
John  MehafFy, 
Abraham  Miller, 
John  Nesbit, 
Thomas  Render, 
Phineas  J.  Neal, 
William  Kaye. 


33  [  331  ] 

To  the  Senate  and  House  of  Representatives  of  the  United  States  of  4mm 
ca,  m  Congress  assembled  • 

to  reach  the  knowledge  of  the  authorities  of  the  Government  throuJhl^ 
^  the  «°TC™m  the  s™"»ems'  and 


^A/      i       \A7"«^1  Imiu. 


W.  J.  Walker 
G.  Mclntosh 
P.  C.  Trampion 
T.  Holland 
John  Sheridan 
G.  A.  Walker 
H.  Clarke 
James  Faherty 
Rob.  Nelson 
John  Carey 
Patrick  O'Neill 
L.  Delaplain 

F.  P.  Murdah 

G.  R.  Simmons 
Evan  Evans 
A.  Smith 
Hiram  Willey 
John  A.  Harman 
Jackson  Drake 
P.  Davis 

N.  M.  Bonham 
J.  B.  Brown 
Harvey  Todd 
William  Blakemore 
Michael  Moralee 
Jacob  Blacklock 
Andrew  Mahony 
John  Gawling 
John  Daves 


Amasa  Kneeland 
Hiram  Southworth 
John  Farnum 
Philo  Pillett 
Joseph  Brown,  jr. 
Henry  Simmons 

Frederick . 

Wm.  P.  Burtley 
John  Caulk 
James  M.  Robbins 
William  Symons 
Thomas  Simons 
Francis  Dwyer 
John  Thompson 
James  Minten 
Andrew  Virtue 
John  H.  Neely 
Thomas  Soulsby 
George  Skoulsby 
Cuthbert  Soulsby 
Milton  Craigs 
Francois  Hodge 
Wm.  Berryman 
James  W.  Evans 
Robert  Fox 
E.  Danniels 
Samuel  McPherson 
S.  P.  Taylor 
R.  Burnet 


[331] 


34 


W.  Buttler 
James  M.  Munday 
Philip  A.  Sallee 
S.  J.  Rhodes 
O.  F.  Gear 
John  B.  Sallee 
Wm.  Medcelp 
Samuel  Rhodes 
M.  Neil 
P.  W.  Thomas 
J.  B.  Bean 
J.  A.  Pope 
John  Call 
R.  J.  Beam 
Leonard  Smith 
G.  W.  Ralkwell 
R.  S.  Neville 
Thomas  G.  Shaw 
John  Burrell 
J.  M.  Marshall 
William  Montgomery 
William  R.  Marshall 
Cuthbert  Burreli 
P.  J.  Hiokey 
E.  Mattox 
John  Kennedy 
S.  D.  Bean 
H.Day 

W.  B.  Simmons 
G.  R.  Rittenhouse 
George  W.  Lee 
John  Gregg 

STATE  OF  ILLINOIS, 

Jo  Daviess  County,  ss.: 


E.  S.  Lewis 
James  Pirkey 
David  McClean 
John  Reed 
Francois  McKee 
William  Delan 
C.  Delan 

Wm.  L.  Waterman 
Harman  Smith 
Sherman  Rose 
Charles  Frink 
Leonard  Fillett 
Jacob  Sejiyer 
George  Watts 
John  Myers 
Lewis  B.  Smith 
W.  Temple 
Wilson  Southall 
William  W.  Blanckird 
Robert  Frazer 
Watt  Cousin 
James  Flinn 
Peter  McDonald. 
E.  D.  Body 
S.  Candu 

Christopher  Young 
Michael  Wallis 
Matthew  Delaney 
William  Delaney 
Henry  ftfulheran 
Michael  McKarn 
Thomas  Robinson 


Personally  appeared  before  me  the  undersigned,  a  justice  of  the  peace  in 
and  for  said  county,  William  J.  Walker,  who,  after  having  been  by  me  duly 
sworn  on  his  oath,  deposes  and  says :  "  That  1  was  one  of  a  committee  ap- 
pointed by  a  meeting  of  miners  and  settlers  in  the  mineral  district  in  the 
Territory  of  Wisconsin,  to  procure  names  to  the  above  petition ;  that  I 
went  around  with  the  above  petition,  and  saw  the  several  individuals,  whose 
names  appear  subscribed  thereto,  sign  their  names  thereto,  freely  and  volun- 
tarily, and  that  I  am  personally  acquainted  with  each  of  the  individuals 
whose  names  are  subscribed  above.  And  further  deponent  saith  not. 

"  WILLIAM  J.  WALKER." 

Subscribed  and  sworn,  this  fourth  day  of  June,  A.  D.  1842,  before  me, 

DAVIS  DIVINE,  J.  P. 


UNIVERSITY  OF  ILLINOIS-URBANA 

333.1D659  C001 

DOCUMENTS  RELATING  TO  THE  SALE  OF  THE  Ml 


30112025291334 


